Hoboken Legal Beagle – Success!

10/6/2008 Update:

The Maxwell’s sidewalk renovation is now fully complete.

In addition to the improved walking conditions, they replaced an overgrown tree which was completely blocking the street light. A huge upgrade for this part of 11th Street. Way to go Todd!

PHOTO GALLERY (HOLD MOUSE OVER IMAGE TO NAVIGATE – 14 PHOTOS IN THIS SET)

See history after the jump…

9/17/2008 Update:

Much to the delight of area residents, the Maxwell’s sidewalk finally gets repaired:

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8/6/2008:

Today’s Hoboken411 Legal Beagle segment deals with dangerous sidewalk conditions, and who’s responsibility it is to fix them. I’ve personally heard a few people having problems with this exact stretch on 11th Street.

hoboken-sidewalk-impedements-maxwells-11th-and-washington.jpg

Maxwell’s doesn’t care about their sidewalk!

“Who is responsible for ensuring that the sidewalks are maintained and don’t create any potentially unsafe conditions?

Here is one particular area I’m concerned with. It’s near Maxwell’s on 11th Street. This overgrown tree has pushed the sidewalk concrete up to the point where it is unsafe. Furthermore, the street light nearby is not only one of the dimmer ones (not very bright), but the tree is so out of control, it blocks all the light.

I recently tripped and fell on this late one night and badly injured my hand and chipped a tooth.

Is the property owner responsible for maintaining it? Or the city?
What about that overgrown tree? Who is supposed to manage that?

Would a lawsuit be worthwhile?

Much thanks!”

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Hoboken411 Legal Beagle says:

Hoboken legal beagleWell the Legal Beagle doesn’t specialize in personal injury (PI) cases, but this is the kind of case that makes a PI attorney drool!

Your kind of case is called a slip and fall. Since this is a commercial building, not a one-three family building, the building owner or Maxwell’s itself (depending on the lease) are liable for such an obvious unsafe condition. Since the City of Hoboken may be responsible for this unsafe condition, not likely under NJ law, but if so, you would need to file a Title 59 Torts Claim Notice with the City of Hoboken with 90 days of the accident.

But your job is not to worry about who is responsible but how to get the best possible lawyer. First, you did a great job with the pictures but the attorney you hire must immediately send out an expert to analyze the site (or is that sight, like what a horrible sight, hmm I wish I could cite some authority), and once at the location the expert will take measurements, note the general conditions, including the trees and lights, and then give a professional opinion that the area is unsafe.

If your lawyer does not immediately arrange for an expert to visit the location of your slip and fall then do not use that attorney. When I say immediately I mean within two days. This is the single most critical step in a PI case and if the attorney does not have an expert on call then it’s not the attorney for you.

In choosing an attorney for a PI case, be aware of his or her organizational skills, messy desk, lazy staff, evasive answers to your questions, move on.

Any money you receive in a settlement is tax free and there is a good chance your medical bills will be paid directly from the building owner’s “med pay” insurance. All of America is built around insurance, so when you have an opportunity for a legitimate lawsuit do not hesitate to hire an attorney and sue for damages.

Good luck.

PS, not that I want to cause Hoboken more financial problems, but the general rule on a City’s liability for dangerous conditions on streets and sidewalks is actual or constructive notice of the defect. So, if any of Hoboken411’s intrepid protectors of the common good come across a dangerous condition on the streets and sidewalks of Hoboken, they can do good by posting such defects here on Hoboken411. (as if Hoboken411 needs another category !!) (411 Note: Category created today! Readers: Please send your “Dangerous Conditions” emails and photos in!)

PPS, Sometimes trees grow too big for the sidewalks of urban areas and cause sidewalks to upend like here. In these cases, the landlord has the responsibility, in coordination with the City of Hoboken’s Shade Tree Commission, to have the tree removed and then, after the sidewalk is repaired, have another, new tree planted in the same location.

Leave a Reply

50 Comments on "Hoboken Legal Beagle – Success!"

Tama Murden
Member

Re 40.: Immigration law. Here to stay. Plenty of mostly satisfying work, good compensation.

Katie_Scarlett
Member

Matt- Some of that is correct. But major law firms are imploding and the ones that are left are pulling in those bankruptcy lawyers into their practices. Also, lots of layoffs at top firms. No one is safe. I don’t think bankruptcy is the answer.

matt_72
Member

[quote comment=”110514″]matt- You know I rarely disagree with you, but I’m going to. Most firms have boosted their bankruptcy practices over the last 6-12 months to the point where they’re bursting at the seams – and the work is just now trickling in. Also, I believe she has 1 more year to go [as I know her situation], which puts her in the work force Sept 2010, at which time I think most of the bankruptcy bubble will have burst/shook itself out.

Even if we’re talking about someone entering in September of 09, I think at that point most major corporate bankruptcies will have occurred. Major firms don’t bother with personal bankruptcies. And it’s completely inefficient to bring in a first year on deals that have been going for long periods of time.

So, in short, I disagree.[/quote]

Those practices were plenty busy even when bankrputcies were at very low levels. They don’t just do bankruptcies. They do all sorts of creditor related work. And the bankruptcies will not at all be over in 2009, try mid to late 2010. Even after the recovery starts, there will be plenty of bankruptcies afterwards. And some may last for years. I know of several that have been in CH-11 for over 3 years (1 for 5 for 6). All those bond deals you worked on are blowing up 😉

LD
Member

[quote comment=”110481″]As a 3rd year law student, can someone recommend a field that I should go into where i can actually profit from the economic mess? (something other than TAX law!!) Is healthcare a good bet?[/quote]
Yellowsubmarine… is that a Beatles reference or are you into Asian guys?

Seriously.

Katie_Scarlett
Member

matt- You know I rarely disagree with you, but I’m going to. Most firms have boosted their bankruptcy practices over the last 6-12 months to the point where they’re bursting at the seams – and the work is just now trickling in. Also, I believe she has 1 more year to go [as I know her situation], which puts her in the work force Sept 2010, at which time I think most of the bankruptcy bubble will have burst/shook itself out.

Even if we’re talking about someone entering in September of 09, I think at that point most major corporate bankruptcies will have occurred. Major firms don’t bother with personal bankruptcies. And it’s completely inefficient to bring in a first year on deals that have been going for long periods of time.

So, in short, I disagree.

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