The law has been well settled since 1992, by a Unites States Supreme Court decision, shielding debtors' interests in qualified Employee Retirement Income Security Act (ERISA) plans. Stated clearly, creditors could not touch ERISA retirement plans in bankruptcy. Thus, this Supreme Court opinion was used by bankruptcy attorneys to argue that other related retirement plans were also exempt from the reach of creditors.
Wayne, New Jersey, resident would agree that injury from a sudden accident can have a severe impact on a person's physical as well as emotional well-being. In addition to the physical and emotional trauma, accident victims and their families also deal with financial difficulties that arise from lost income and expenses incurred for medical treatment.
One can suffer injuries of any nature. What if the injuries that one has sustained are due to someone else's negligence? Injuries of such a nature are not uncommon in New Jersey or elsewhere around the U.S. One can always file a complaint against such injuries and demand compensation. Premises liability laws provide a safety net for people injured in someone else's property.
New Jersey families driving certain motor vehicles may have almost met their end on the road without even knowing it. General Motors, one of the largest automakers in the United States, has been accused of failing to correct a serious product defect in several lines of cars dating as far back as 10 years.
Many people in Wayne, New Jersey, might remember the famous McDonald's "hot coffee lawsuit" that occurred in 1994. In that lawsuit, a 79-year-old woman accidentally spilled hot coffee, which she bought from McDonald's, on her lap and suffered burns. She sued the restaurant chain and a jury awarded her $2.9 million in damages. However, the judge reduced the compensation to $400,000 and the woman and McDonalds settled the matter out of court, for an undisclosed amount.
Residents of New Jersey know that many of us are dependent on drugs and medical devices to ensure a healthy lifestyle. While some drugs are administered orally, others are administered through other methods. But no matter what method is used, consumers expect the pharmaceutical products they take to be safe.
Recently, Merck, one of the largest pharmaceutical companies, agreed to pay $100 million to settle thousands of products liability lawsuits pertaining to the safety of its NuvaRing contraceptive device. According to reports, more than 200 lawsuits have been consolidated in New Jersey, all of which claim the company knew that NuvaRing posed a higher risk of heart attacks and blood clots compared to its competitors.
The house of a New Jersey resident may be considered his or her castle, but the law is quite specific about the fact that every property owner is responsible for the safety of anybody who visits his or her property. This brings forth the concept of premises liability, which means that property owners will have to compensate anybody who suffers injury on the property, whether the injured is an invited guest or not, irrespective of whether the property is residential or commercial. This is especially true if the injury has been caused by negligence on the owner's part to address the dangerous conditions that exist on his or her property. In that case, the court may end up awarding the injured person a sizable amount of compensation at the owner's expense.
A visit to a nearby mall with parents is something that many children in New Jersey anticipate, be it for shopping or just for having fun. With so many people around, it is the responsibility of the shopping mall staff and managers to ensure the safety of the customers. However, at Garden State Plaza Mall in Paramus, New Jersey, the safety of the premises was called into question when a young girl was seriously injured due to an escalator accident.
New Jersey businesses have a responsibility to keep people safe when they are on the businesses' property. This includes making sure the property is properly maintained and that any obvious dangers -- like water on the floor -- are fixed as soon as possible. When businesses fail to live up to this standard accidents are likely.
When parents purchase toys for their children, their first thought is probably of the child playing happily with the newest member of their collection. However, the unfortunate truth is that sometimes those toys can also pose dangers, particularly when they are poorly designed or defectively manufactured. When either occurs, an unsuspecting parent could find their child suddenly suffering.
