Posted On: August 28, 2008

Newark Auto Accident Leaves One Dead, Four Injured

A 48-year-old man died and four suffered severe injuries when a car slammed into a van on the New Jersey Turnpike in Newark, The Star-Ledger reports. The New Jersey auto accident reportedly occurred in the Interchange 15E in the northbound lanes of the eastern spur, according to State police officials.

The incident happened when a 2004 Honda Civic driven by 27-year-old Benjamin Paz of West New York rear-ended a 2002 GMC Savannah driven by 42-year-old Mazhar Ali of Brooklyn. The van reportedly rolled over and crashed into a concrete barrier. The unidentified passenger who died in the accident was hit by flying debris, concrete and other construction equipment. Two other passengers in the van – Wholi Khan and Nima Ertseramy – were injured. The names of two others who were injured were not released.

There were 722 fatal New Jersey car accidents in 2006. That number included 31 fatalities in Newark and nine in Jersey City. That number is also a 3 percent increase over the previous years.

If you have been involved in a New Jersey auto accident caused by another driver’s negligence, you may be able to file a claim against that person for property damage, personal injury and in certain cases, punitive damages. If you or a loved one has been injured in a New Jersey auto accident, please call a top New Jersey personal injury attorney at Lependorf & Silverstein for a free consultation. We will help you secure the compensation you rightfully deserve.

Posted On: August 11, 2008

New Jersey Appeals Court Rules on Religion and Hostile Work Environments

At long last, the New Jersey Supreme Court has finally decided that repeated, abusive, offensive, and degrading comments about a person’s religious faith or identity in the workplace can provide the basis for a successful hostile work environment lawsuit.

In Cutler v. Dorn, a Jewish police officer, Jason Cutler, was repeatedly subjected to taunts and ridicule from supervisors and co-workers that were based on his Jewish faith and ancestry. For example, Officer Cutler endured words like “those dirty Jews!” and offensive references to his apparent lack of a “big Jew nose.” Co-workers would work their discrimination into conversations in which they would say, for example, “Jews are good with numbers” and “Jews make all the money.” While the Appellate Court deemed these taunts to be mere “teasing,” the Supreme Court issued a strong opinion rejecting that description and found that “[a]ntagonistic, degrading, or demeaning conduct in the workplace that is directed at, or about, one’s religious faith, or ancestry, can be discriminatory and can amount to an unlawful hostile environment.”

If you have been subjected to repeated insults at work regarding your religious faith or heritage, you have a right to stand up for yourself. If you have been fired or quit your job because of such harassment, you may very well be entitled to compensation.

Contact the New Jersey personal injury attorneys at Lependorf & Silverstein to help you defend yourself and protect your rights.

Posted On: August 6, 2008

Products Liability and Warranty Protected With Well Written Disclaimer

If your company sells commercial goods to other businesses for resale, fabrication, or use in other products, you should make certain that your warranty disclaimers are well written, properly communicated, and otherwise enforceable. One of the most important disclaimers you should consider is a limitation of consequential damages.

When drafting warranty disclaimers, businesses must strike a balance. On the one hand, you want to protect yourself themselves from possible New Jersey products liability flowing from the product sold. On the other hand, you want to assure potential customers that you stand behind your product. An attorney who is familiar with your business is essential to drafting effective and enforceable warranty and liability disclaimers.

While the number of ways to limit potential liability is virtually infinite, probably the most important protection is to limit “consequential damages.” In plain English, the concept of consequential damages is as follows. Typically, a business claiming a breach of contract can recover the total contract price, or a fraction thereof, depending on the circumstances. For example, Buyer agrees to pay $100 for Seller’s product. After paying for it, the product does not work. If Seller cannot or will not replace or repair the product, Buyer would be entitled to $100 in direct damages for the breach.

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