Flemington Legal Blog

Recognizing liability for slip and fall accidents

Slip and fall accidents are very common and sometimes, caused by the fault of the victims. For example, if a New Jersey resident accidently trips off of a sidewalk because they are engrossed in an article on their cellphone, it may be their fault that they are injured from their fall. However, slip and fall accidents also happen when property owners fail to provide others with safe and secure places to live, work and shop.

What is an easement?

It is a common belief among New Jersey residents that if someone has an interest in a parcel of property that they must own it. While this is often true it does not necessarily have to be the case. When a person has an easement they hold a nonpossessory interest in someone else's land that does not constitute ownership.

To better understand this somewhat confusing topic, readers are invited to explore this example. Imagine a parcel of land that is locked in by water on three sides. The fourth side of the parcen runs along the property of another person, and the only way for the locked in property owner to get to the local road is to cross their neighbor's land. Without an easement the locked in property owner would be trespassing on their neighbor's property each time they crossed it to the road. An easement, though, would give them a right to get to the road through their neighbor's land without actually giving them any ownership rights in that parcel.

Will you need to pay inheritance tax?

When a person passes away and leaves behind assets set aside for family members, friends and charitable organizations, some of these beneficiaries may have to pay taxes on the value of whatever it is that they received. This is an inheritance tax -- which is not the same as estate taxes. New Jersey no longer collects estate taxes, but the federal government does.

New Jersey is one of six states that collects an inheritance tax, so how it works is not widely known. Some states have set a single inheritance tax rate. That is not the case here, which is one reason why this whole thing is confusing to so many.

When can a person claim self-defense?

Getting into a physical altercation with another individual can be an overwhelming and difficult event. When a New Jersey resident finds themselves on the receiving end of an assault or attack, they may try to do whatever they can to stop and subdue their assailant. In some situations, their attackers may turn around and claim that the victims were actually the parties who caused physical harm with their actions.

Dog bite injury may be a compensable personal injury claim

Though many New Jersey pet owners consider their dogs to be members of their families, dogs are animals and can be unpredictable. Even the gentlest dogs can act out when they feel threatened or under duress, and individuals who have injury-causing encounters with dogs may feel at a loss when it comes to getting help with their recoveries. Victims should know, though, that they have rights and the laws of the state protect their interests.

Rehabilitation for a TBI covers several areas of life

Suffering a debilitating injury can substantially change your life. One day you may have full function over your body, and the next day, you could have trouble completing even the most basic tasks because you suffered a brain injury in a car accident or other event. If this scenario is your reality, you have a long road ahead of you.

The effects of a traumatic brain injury differ from person to person. In any case, someone who suffers a head injury should immediately seek medical attention because even a seemingly minor injury could prove more severe than it initially looks. Of course, your main concern after such an injury is likely your recovery.

Estate planning can help you address needs and manage wealth

Many New Jersey residents often wonder whether they really need an estate plan. In reality, any adult can benefit from having an estate plan. These plans go beyond simply detailing how your assets should be distributed after your death, and if you have not gotten started on your plans, you may wish to take a look at the benefits of planning.

No matter if you have children, live alone or only have a few assets, estate planning can help you get important affairs in order. The areas you can cover in your plan range from medical care while still alive to managing how your surviving loved ones use the assets you bequeath to them.

Understand your local zoning laws before you buy property

Finding the perfect home or space to buy in which to operate a business can be a time consuming and stressful process. New Jersey residents who are in the market for property may spend months researching what they want and need so that, when the right property becomes available, they are ready to make their move. During their planning, one important aspect of purchasing property that individuals should investigate is zoning.

Zoning is the process of dividing communities up into sites that have common uses. For example, a large single family home neighborhood may be zoned as residential use, and farms on the outskirts of cities may be zoned as agricultural. The purpose of zoning is simple: similarly operated properties should be grouped together to avoid disruptions and nuisances between other groups.

What is the expungement of a criminal record?

New Jersey residents who have criminal records may have trouble doing some of the common things that others are easily able to do. For example, when it comes to applying for jobs, individuals with criminal records may run into hurdles when they must disclose their past arrests and convictions. Individuals who have been arrested and charged with certain crimes can run into difficulties when they apply for loans, try to secure rental homes and undertake other necessary life experiences.

Zoning may limit the prospective uses of a parcel of land

Any New Jersey resident who has attempted to find a place to build their dream home has undoubtedly encountered restrictions on what types of structures that they can build on certain parcels of land. This is because communities throughout the state have enacted zoning regulations that dictate where certain homes, businesses and other entities may be built and operated. Zoning attempts to keep similar structures together but can impose frustrating limitations on individuals who want to explore other uses for their properties.

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Lanza & Lanza LLP

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