Personal Injury Page 3

Social Host Liability in New Jersey

March 25, 2017 by Howard Popper

motor vehicle accident

Summer’s over, but the holidays will be here before you know it. Every year, someone attends a private or work-sponsored holiday party, gets behind the wheel and gets in a motor vehicle accident. What are the responsibilities of social hosts—the persons throwing the parties—to anyone who might be injured in an accident involving an inebriated guest?

Social Host Defined

In New Jersey, as in other states, a “social host” is anyone who extended an express or implied invitation to another person to come to a party they were hosting, and who then provided alcoholic beverages to that person. If that person is visibly under the influence of alcohol when served, the person serving the alcohol can be liable for any injuries or property damage caused by the inebriated person. In addition, if you knowingly serve a person a quantity of alcohol that would reasonable be considered enough to impair that person, you can be responsible for any injuries or damage they cause, even if they were not visibly drunk when served.

In New Jersey, there is no requirement that the host actually serve the alcohol. In fact, a host may be fully liable even if the guest served himself or herself. It is important to note, though, that the host will not be held accountable for any injuries sustained by the drunken party guest, only to third parties.

Contact Attorney Howard D. Popper

To learn your options when you have suffered a personal injury, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Economic and Non-Economic Damages in a Personal Injury Lawsuit

March 10, 2017 by Howard Popper

Economic Damages

As we explained in an earlier blog, when you have been hurt because of someone else’s negligence and have filed a personal injury claim, the most common types of damages available to you are compensatory damages, designed to make you whole for any actual losses or injury you have suffered. Compensatory damages, though, can further be subdivided into economic and non-economic damages.

Economic Damages

Economic damages are those tangible, essentially out of pocket losses you incur, which can typically be pretty clear cut and easy to calculate. Economic damages generally include:

Lost income—Any earnings not covered by workers’ compensation, disability insurance or some other source
Unreimbursed medical costs—Any medical expenses, both now and projected, that are not paid for or reimbursed by an insurer
Damage to personal property—The value of a motor vehicle or other personal property damaged or destroyed in the accident

Economic damages are typically calculated based on documentary evidence. For example, lost wages would be calculated by taking the injured party’s weekly wage and multiplying it by the amount of weeks the person is unable to work.

Non-Economic Damages

These are other actual, but less definitive or tangible, losses. Accordingly, it can be much more difficult to determine the actual measure of non-economic damages. Examples of non-economic damages include:

Physical pain and suffering resulting from your injuries
Loss of consortium—the ability to be intimate with your spouse or partner
Loss of society or companionship with a family member (this is typically more common in a wrongful death action)

Non-economic damages are customarily established through the use of expert witnesses, such as economists.

Contact the Law Office of Howard D. Popper, P.C.

Send us an e-mail or call us at 973-993-8787 to set up a free initial consultation. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

Doctor Found Not Liable in Lexapro Case

February 15, 2017 by Howard Popper

side effects of the drug

The jury verdict in favor of a doctor who was sued for failing to advise a client of the suicide risks tied to prescription anti-depressant Lexapro has been upheld by the New Jersey Appellate Division. The appellate court judges concluded that defense attorneys did not make improper comments at trial that merited a new trial.

In a lawsuit filed by the family of John Sheridan, the jury had concluded that Sheridan’s physician had not breached a duty to warn Sheridan of potential side effects of the drug. Sheridan and his wife were found dead in their Montgomery Township home in September, 2014, with multiple stab wounds and burns from a fire. Sheridan, 72 at the time of his death, had been active in New Jersey state government, both as a deputy attorney general and lawyer for the state Turnpike Authority. He also served as assistant counsel to Governor William T. Cahill.

Investigators say that Sheridan was found beneath an armoire and initially concluded that the stab wounds were self-inflicted. The initial finding by the prosecutor’s office ruled the deaths a murder-suicide, based on testimony that Sheridan had been distraught and erratic in the days and weeks immediately prior to his death. His family, however, paid for an investigation and report from forensic pathologist Michael Baden, who concluded that Sheridan was murdered by an intruder. In January, 2017, state medical examiner Andrew Falzon announced that the suicide ruling had been reversed and the cause of death “could not be determined.”

Contact Attorney Howard D. Popper

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

E-Cigarette Injury Lawsuits Filed in New Jersey

January 11, 2017 by Howard Popper

E-Cigarette Injury Lawsuits Filed in New Jersey

The e-cigarette or vaping industry has exploded over the past few years—in more ways than one. While sales of electronic cigarettes are expected to top $10 billion in 2017, the number of lawsuits claiming injuries caused by the products has escalated as well. In many instances, the injuries were caused when either a battery or some other part of the device exploded.

Four residents of New Jersey recently brought legal action against manufacturers, distributors and retailers of certain e-cigarettes:

A 16-year-old girl sought damages after an e-cig exploded in her face, knocking out four teeth and requiring plastic surgery on her mouth and lips
A Cumberland County man was hit on the leg by battery acid and shrapnel when a vaping device blew up in his pants pocket
A Berlin resident had 3rd degree burns on his leg when his e-cigarette exploded in his pants pocket
A teenage boy sustained 2nd and 3rd degree burns to his chest and arms when his vaping device exploded

Attorneys representing the injured parties say that e-cigarette manufacturers have known for some time that the batteries in the devices have a tendency to overheat, leading to an explosion, but have failed to take any steps to address the problem. They also expressed concerns that one of the primary demographics for the product is teenagers—a study found that more teenagers use vaping devices than tobacco products. Researchers also say that a majority of teens using e-cigarettes say they had no knowledge that there were any safety risks.

Contact Attorney Howard D. Popper

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Our Verdicts And Settlements

$760,000 settlement for a woman injured in a rear-end collision.

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