I handle the following types of cases throughout the New York and New Jersey areas:
- Commercial General Liability
- Premises Liability
- Fall-down accidents
Motor vehicle accidents +
If you were rear-ended, t-boned, or injured due to another driver, you may be entitled to monetary compensation. Even if you are partially at fault, or the version of how the accident is disputed, you still may be entitled to compensation.
Depending on the circumstances, you may be required to prove that you were permanently injury in order to get over the “threshold” allowing a monetary award.
On the other hand, if there is no serious injury, dismissal of such minor cases is warranted.
Construction accidents +
Construction accidents can result in serious injuries, especially considering the heavy equipment being utilized and the dense population of the metropolitan area.
I have represented property owners, property developers, property management companies, general contractors, sub-contractors, architects, security companies, scaffolding companies, and construction workers, involved in construction site accidents. These cases range from negligent supervision of a job site, to improperly erected scaffolding, to insufficient warnings.
Construction accidents can also be complicated. It is important to thoroughly review the documentation, and extensively question the witnesses, in order to flesh out each entity’s role in the project, and legal obligation.
Sports accidents +
Whether you are a serious athlete or a weekend warrior, accidents happen when playing sports. However, generally, absent a showing of negligence or wrongdoing, an injured person is not entitled to recover money damages.
I have successfully defended YMCAs, town leagues, privately run leagues, sporting venues, gyms, martial arts studios, gymnastic studios, dance studios, churches, schools, and non-profit organizations against personal injury lawsuits from these types of accidents. I have also represented a 12-year old girl who was injured when a Town summer camp recklessly permitted many co-ed children to play “red rover” unsupervised resulting in a broken collarbone.
Pedestrian knock-down accidents +
When a pedestrian is struck by a vehicle, the resulting injuries could be devastating. I have represented both drivers and pedestrians in these types of cases. Regardless, is important to immediately investigate the accident, including securing photos, taking witness statements, and obtaining medical records.
Photos of the scene of the accident document where the accident occurred, as well as the placement of the vehicle(s) and the victim. Photos could be important evidence, especially when there are multiple versions of how the accident occurred.
Similarly, witness statements taken shortly after the accident are generally the most accurate as the witness’ memory is still fresh. Later, such a statement can be used to refresh the witness’ recollection. Absent such a statement, the memory could fade, and crucial evidence lost.
Lastly, medical records not only evidence what body parts were injured, but they also document how the accident occurred and a person’s past medical history. Additionally, Emergency Room and Urgent Care Center records often contain numerous admissions as the person is seeking treatment for pain and not on guard.
Wrongful Death +
In order to prevail in a wrongful death case, you must prove that you are an Heir to the deceased, and that the deceased died due to someone else’s negligence. This type of case is often difficult to prove because the injured party has passed away. However, if proven, the compensation should be substantial.
Whether prosecuting such a case, or defending the case, discovery is an important tool as the plaintiff is deceased and unable to tell his story. Discovery such as depositions, Subpoenas and experts can be used to obtain critical evidence in support of your position.
- Negligent Security
- Negligent Supervision
- Dram Shop Act cases (over-serving of alcohol)
Product Liability Act cases +
- When a “product” is sold to the public, and it is allegedly “not reasonably safe,” it could be subject to the Products Liability Act. The law is very broad in this regard. Generally, a product can be deemed dangerous due to a design defect, a manufacturing defect and/or insufficient warnings. Engineers, mechanics, inspectors, and other such professionals’ inspection and document review are often critical in determining these issues.
Attractive Nuisances +
- This is the term used in the legal field for a hazard which attracts minors. Minors cannot be held even partially at fault. As such, if a hazard exists on someone’s property, and it attracts a minor to it, the property owner or occupier must take adequate measures to prevent the minor from getting injured, These types of measures include making regular inspections, hiring a security company, building a high fence, repairing a damaged fence, and/or putting up sufficient warning signs.
Non-Profit Charitable, Religious & Educational Institutions +
- These types of entities are protected under the Charitable Immunity Statute in New Jersey. Simply put, even if they are negligent, these entities are generally immune from liability, with a few enumerated exceptions. New York does not have such a protection.
Property Owners +
Landowners / Hotels / Malls / Cafes / Supermarkets / Coffee Shops: These types of commercial establishments owe their customers a duty to ensure that the property is maintained in a reasonably safe condition. From code violations, to liquid spills, to insufficient security, to inadequate warnings, there are many potential claims which could arise, and they are usually categorized as general liability/premises liability or negligence cases. I have defended many of these types of actions.
I have also worked with various companies to take proactive steps to implement systems which protect against such accidents in the future. Such policies and procedures include frequent inspections, proper training, and video surveillance.
Recently, I successfully negotiated a settlement for an injured customer against a major supermarket due to its lack of proper inspections. When pressed through discovery demands, the supermarket was unable to provide any evidence as to when they patrolled the supermarket, who patrolled the supermarket, how often the supermarket was patrolled and what training was given pertaining to safety or inspections. As such, their defenses were compromised, and a favorable settlement was reached.
Property Management/Maintenance Companies +
Property Management Companies / Landscaping Companies / Security Companies / Ice and Snow Removal Companies: Similar to property owners and commercial establishments, these entities have a duty to act responsibly and adequately perform their duties. When dealing with spills or ice conditions, the injured party must prove Notice (that the company knew about it or that it existed so long that the company should have known about it). Certified weather records, Safety/Security experts and/or Meteorologist/Climatologist experts could assist in determining this issue.
When defending against claims involving ice and snow conditions, documentation of the number of workers present, the equipment utilized, the pounds of salt spread, the amount of hours worked, and the time the work was performed, can all be used as evidence of reasonableness and a lack of Notice.
- Bars/Taverns/Restaurants +
- In addition to general liability, these types of establishments also are exposed to potential over-serving alcohol (Dram Shop Act), negligent hiring, negligent training, and/or negligent security. Employee training manuals and handbooks can be helpful as they document the business’ policies and procedures. However, if any of the employees violate those policies, it can be used as evidence of negligence.
- Martial Art Studios
- Sporting Venues
- Independent Contractors/Ice and Snow Removal Contractors
- General Contractors
- Lease agreement negotiations
- Enforcement of terms of lease agreements
Enforcement of terms of business contracts +
When two businesses get into a disagreement, it is called “Commercial Litigation.” When private citizens get into a disagreement involving a written contract, it is called a contract dispute. This situation can arise in a number of different ways.
I have successfully handled various commercial litigation cases, including arguing interpretation of a contract, lease agreement and/or insurance policy.
I have also handled commercial litigation cases involving breach of contract, breach of confidentiality agreement, breach of exclusivity agreement, and breach of non-competition agreement. Additionally, I have drafted these types of agreements prior to any problems or disagreements arose based on one or both party’s goals.
- Confidentiality/Non-Disclosure agreements
- Exclusivity agreements
- Non-Competition agreements
- Lease agreements
- Private contractual agreements
- Purchase agreements
- Performance contracts
- Talent contracts
- Business contracts
Insurance Coverage Opinions
- Commercial General Liability
- Competing insurance clauses
Tender for defense and indemnification +
I have extensive experience in reviewing insurance policies in conjunction with the underlying facts of the case, and drafting straight-forward, honest opinions. I am knowledgeable of the law, in both New York and New Jersey, and how to apply the principles of insurance coverage practically and effectively.
I have successfully drafted and argued numerous Motions for Summary Judgments on the issues of contractual interpretation of “Who is an insured,” a “covered person,” a “covered auto,” a “covered period,” and a “covered territory.” Additionally, I have handled many tender issues involving the duty to defend and/or indemnify, including interpreting the definition of “The Premises,” “Common Areas,” “arising out of,” and “resulting from.”
- Possession of Controlled Dangerous Substance
- Possession of Marijuana in a vehicle
Traffic tickets / Desk Appearance Tickets +
I have represented numerous individuals who have been in the wrong place at the wrong time, people who have been charged with disproportionate crimes compared to their conduct, as well as many individuals who simply made a mistake. I believe it is my job to explain the criminal procedure, the charges alleged, the potential outcomes, and the likelihood of each outcome, and then to create a strategy to best achieve your goals.
For the person in the wrong place at the wrong time, they usually do not want to take a plea agreement. As such, I prepare the case as though it will be going to trial from the outset. I will take the time and effort to hear your story, to speak with your witnesses, to obtain additional evidence to support your testimony, and I will zealously argue on your behalf to win over the police officer, the Prosecutor, the Judge and/or the Jury. Ultimately, it is your decision to take a plea or go to trial. However, when you are prepared for trial with good evidence on your side, the plea agreement often become much more favorable.
Some people admittedly have fractured a minor law or two. However, they have been charged with several high crimes. For example, I successfully obtained a plea agreement of a Conditional Discharge with PTI (pre-trial intervention) for a mentally ill high school student who was charged with several serious crimes. Instead of having a crime on his record, as demanded by the Prosecutor, I was able to persuade the Judge to Order this individual to undergo mental health therapy and anger management in addition to performing many hours of community service. Upon completion, the charges were dismissed, and his rehabilitation began. That is a success story which came from a bad situation.
I also meet people who have made the proverbial “mistake.” Whether it was taking the medication and driving, inadvertently speeding, getting pulled over after forgetting to renew your driver’s license, or taking a puff of marijuana at a concert, good people can get arrested. For these individuals, I will endlessly advocate on your behalf to make sure that one mistake does not ruin your life. Whether its pressing procedural issues, independently testing the State’s equipment, or challenging the State’s evidence, I will make the moral argument as well as the legal argument to receive a fair result. If a fair plea agreement is not offer, I will take the case to trial and force the State to prove its case.