Personal Injury

Many of us have had the embarrassing experience of slipping and falling in the middle of a grocery store, at the mall, your local bank, restaurant, school or college, movie theaters, and many other places. Though the pain of being embarrassed can be a lot to handle, what many people don’t realize is that often times the slip was unavoidable, and likely wasn’t their fault.

Companies worry about liability issues all the time – and rightfully so! When you have many people involved in maintaining the proper safety standards in a workplace, one oversight or negligent action can lead to very serious consequences. The tough thing about injuries is that sometimes you think you are fine, but a few months down the road you start noticing symptoms that were are a direct result of your accident, but for some reason didn’t appear until later.

In many cases the injured person is not covered by workmen’s compensation insurance, and ends up having to pay for the medical bills out of their own pocket. In such cases, the only way to recover the cost is to sue the owners (or the liable party) of the property where the incident happened.

The great news is that your attorney will be able to advise you on whether or not you may have a case against those responsible for your injury. For example, a recent news article illustrates a case where the defendant was not held responsible for the harm done to one of their customers. Cases like this make you wonder – would there be a different outcome to this story if the injured party was represented by a different law group? Read the story here and decide for yourself whether you think this was a just decision.

When it comes to personal injury, we must think of the long-term effects it will have on our life. Nobody wants to have permanent neck or back issues, broken or cracked bones, or dislocated joints; thus it’s important to get immediate medical treatment and ensure that your health is not going to be affected long-term.

If you were recently hurt in an accident, especially in an instance where you think it may have been someone else’s fault, we may be able to help you. The best thing you can do in this situation is to keep good records about your injury, and talk to an attorney who has a history of working on personal injury cases. Here is a quick list of some of the areas of personal injury law that our firm specializes in: http://www.folkmanlaw.com/personal_injury.html

Commercial Real Estate Litigation

When it comes to real estate litigation and landlord-tenant relations, there are two main things that a good attorney will have: extensive knowledge of applicable laws and a proactive approach to their client’s case.

Investors who own property in New Jersey, Pennsylvania, New York, or Washington DC don’t always live in these states; thus they rely heavily on their local attorneys to provide them with aggressive but fair representation during litigation in an event of a dispute.

Shopping malls, commercial office buildings and residential apartment complexes generate large amounts of revenue for their owners. During the tough economic times we are in today, many of the retail and commercial tenants end up defaulting on their leases. This leaves the property owner scrambling for a solution while trying to figure out a plausible remedy for this sticky situation.

However, let us not assume that it’s always the tenant who is at fault. Each side could be faced with different challenges when it comes to landlord-tenant disputes, thus it’s important to enlist the help of a professional attorney who has a thorough understanding of both sides of the issue. This includes understanding of some of the key areas such as:

• Typical structure of a Commercial Lease
• Proper procedures for Commercial and Retail Evictions
• Understanding of Bankruptcy and Corporate Restructuring processes
• Commercial Real Estate Loan structure and Financing laws
• Business ownership structures – including Partnerships, LLCs and Corporations

There are several other important areas, but these are some of the most common subjects which pertain to commercial real estate litigation. Investment property owners as well as commercial and retail tenants need to know that they can entrust their local attorney to provide them with the best level of expertise, guidance, and diligent hard work to protect their interests in a legal case.

Whether you are a commercial real estate owner or a tenant, core understanding of the landlord-tenant laws in your state will give you an edge in resolving difficult disputes and will allow you to make the best choices when it comes to legal proceedings.

In the end, finding a good law firm with attorneys who are knowledgeable in real estate litigation issues will save you a lot of headache, time and frustration down the road. If you are currently facing a landlord-tenant dispute in New Jersey, here is a great resource for some of the frequently asked questions on this subject: http://www.judiciary.state.nj.us/civil/civ-04.htm; if we can help clarify any information for you, please give us a call at 856-354-9444.

Civil Rights - Discrimination - Harrasment

When it comes to our civil rights, there is a fine line between neutrality and professionalism versus harassment and discrimination. Each time this line is crossed, our constitutional rights become violated. It is common for this to happen in the workplace, and thankfully there are laws in place which help protect us against the offenders.

It is remarkable how often we are faced with discrimination and harassment in the workplace, but most of the time we don’t say anything for the fear of retribution. Our silence will eventually lead to a depredated work environment, where even the most apparent assaults on our personal dignity become easily tolerated.

An example of such case is brought up in a recent news story about a woman from Philadelphia who is suing Walt Disney Parks and Resorts LLC over being groped by a costumed character while vacationing in Disney World in Florida in the spring of 2008. Though this incident occurred in 2008, the article clearly states that there were over 24 complaints filed with Florida authorities, all alleging similar inappropriate behavior from the company’s workers.

The main question here is whether or not Walt Disney Parks and Resorts LLC provides adequate sexual harassment training for its employees. In many states, companies of a certain size are required to put their workers through sexual harassment training at least once a year. In many cases, this beneficial ethics training could be recommended for companies of any size, with even just a few employees. Not only does this help prevent sexual harassment in a professional environment, but it also educates workers about their civil rights and helps everyone avoid suffering from unnecessary duress.

Another good example of a sexually hostile work environment, which wasn’t handled promptly by the managers, is a recent lawsuit against Knouse Foods. Women workers in one of the company’s plants, located in Gardners, PA, were continually harassed by their male co-workers. There is even mention of wrongful disciplinary actions being taken against the complainers. As a result, the company ended up paying out $300K to their female farmworkers to settle this lawsuit.

Sexual harassment is a serious issue that both the employers and their workers should be made aware of. What may seem like an innocent joke to some can mean a serious offense to others. A professional attorney can give you the best advice on what you can do to safeguard your company from sexual harassment and other civil rights lawsuits, and help your employees feel safe and comfortable in the workplace environment.