Accident and Injury Law Blog

In a 4-3 decision, the New Jersey Supreme Court affirmed last week the dismissal of a personal injury lawsuit filed by a minor league hockey spectator who was struck by a puck during warm-ups. The New Jersey high court ruled that the arena had complied with its obligation to protected spectators to the extent reasonable. The three dissenting justices contended that the arena should have posted warnings about the potential hazard of hockey pucks leaving the arena.

I think I agree with the outcome because I think there should be some sort of strict liability in these situations. But, taking off my personal injury lawyer and putting my citizen hat on, I agree with the majority opinion based on New Jersey law as it is presently constituted. Any reasonable person who attends a hockey game knows or should know that pucks might come flying off the ice. Providing a warning would be superfluous.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: New Jersey

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A New Jersey jury Monday awarded Freehold (NJ) woman and her 10-year-old son who was born with severe brain damage and cerebral palsy.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: Medical Malpractice , New Jersey

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The New Jersey state legislature is considering a bill allowing wrongful death beneficiaries to recover damages for emotional harm. The bill, approved Thursday by the New Jersey State Senate Judiciary Committee by a 7-4 vote, would allow the families of those killed in auto accident, by medical malpractice, or other negligence to recover non-economic damages. Family members can only recover economic damages resulting from the death of a loved one.

Retired New Jersey Supreme Court Justice Alan Handler reportedly testified to this Senate committee that New Jersey's Wrongful Death Act did not fairly and adequately compensate the families in wrongful death cases.

The New Jersey law may reflect common law traditions but it does not reflect anything resembling the modern view on appropriate compensation for the greatest pain in a wrongful death case – the loss of someone you deeply loved.

Posted by Ronald V. Miller, Jr. | Permalink | Email This Post

Posted In: New Jersey

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Welcome to our blog covering injury law and policy throughout the United States.

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