The Cintron Firm, LLC Blog

The Implied Warranty of Habitability in New Jersey

October 17, 2019 by The Cintron Firm

A Landlord’s Responsibility to Tenants

In landlord-tenant situations, there’s a tendency to focus on the obligations of the tenant to the property owner—the duty to pay rent, the duty not to damage the premises, and the duty not to use the premises for illegal purposes, among other obligations. But landlords have legal duties, too. One of the most important is what is known under the law as the “implied warranty of habitability.

The Implied Warranty of Habitability

For hundreds of years, the doctrine of caveat emptor (“let the buyer beware”) applied to residential and commercial leases. That meant that a tenant took the premises as delivered. Such an agreement was typically, but not always, based on a pre-lease inspection. The assumption was that the tenant would be responsible for all repairs required to the premises. That rule no longer applies.

The parties to a lease can still agree that the premises are taken “as is.” Absent such a provision, all lease agreements carry an “implied warranty of habitability.” Because the warranty is implied, there’s no requirement that it be in writing, or that it be orally discussed and agreed upon by the parties.

In essence, an implied warranty of habitability mandates that landlords provide tenants with a safe and livable leasehold. In today’s world, that is typically interpreted to mean that the premises must have:

A functional roof that protects the tenant from rain and snow
Heating and cooling systems appropriate to the location and climate
Access to hot and cold water
Structurally sound walls and floors, so that there’s no danger of collapse
Windows and doors that can provide adequate security and protection from the elements

In addition, the leasehold must be free from mold and other substances that pose a health hazard.

There are typically a number of remedies, should you encounter a situation where the leasehold is not habitable:

You can refuse to pay rent
You can make necessary and reasonable repairs yourself and withhold the cost from yourrent
You may be able to terminate the lease early without liability for future rents

Contact the Cintron Firm

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintronhas worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Beware of the “Yoyo” Financing Ploy When You Buy a Car

October 10, 2019 by The Cintron Firm

Don’t Take the Car Unless You’ve Signed All the Paperwork

When you need a car, it can seem like a Godsend when the dealer lets you take the car, even though the financing may not be final. You may be shopping in the evening or on a weekend, when the lenders are closed. The dealer may quote a rate and a payment, telling you that the paperwork will all come through in the next day or two. The clear impression is that your payments and your financing are a done deal.

Here’s what happens next, though, in many situations. The dealer calls you and tells you there’s been a “problem” with the financing and that you’ll need to come in and sign some additional documents. When you get to the dealership, you get a high pressure sales pitch to commit to a much higher interest rate, a longer term, or both. According to industry watchdogs, the average interest rate bump in one of these scams is 5%.

How can you protect yourself? Here are some of the warning signs:

The dealer or salesperson asks you to sign a document where you don’t fill in one or more of the fields
The dealer lets you take the car home without signing a sales agreement
The dealer/salesperson cannot commit to an interest rate in writing
The sales agreement uses the word “conditional” anywhere in the verbiage

That being said, you should never sign any document at a dealership if you don’t understand all of its terms. If you are unfamiliar with the legal terminology or find it confusing in any way, ask to take the document with you and have it reviewed by an attorney. If you do sign an agreement, make certain all fields are completed and ask for a copy of the finalized agreement. Never take a car home without signing a written agreement that states a specific interest rate

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At the Cintron Firm, LLC, we offer more than 14 years of hands-on legal experience to people across New Jersey. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Including the Costs of College in a New Jersey Divorce Decree

September 26, 2019 by The Cintron Firm

Parents in New Jersey May Have Responsibility for College Tuition

The state of New Jersey has long been a proponent of higher education, with the courts regularly issuing rulings requiring parents to for a child’s college education, provided they have the appropriate resources. That includes parents who remain married or parents who terminate a marriage. Accordingly, if you are involved in a New Jersey divorce proceeding, you need to work with legal counsel to ensure that your property settlement identifies the amount each party will contribute toward your child’s college education.

The New Jersey courts consider a range of factors when establishing responsibility for college tuition payments:

The financial resources of both parents
The amount of contribution sought by the child for education
Whether or not it is reasonable to expect that the child would go to college, given the values and background of the parents
The aptitude for and commitment of the student for the specific course of study
Any financial resources of the child
In cases of divorce, whether the parent, if still living with the child, would have made contributions to defray the costs of a college education
Whether the amount requested is reasonable in light of the type of study or specific school the child will attend
The child’s potential earning power while in school and on summer breaks
Any financial aid that may be available to the child
The relationship between the parent and child, including shared goals and values, as well as the child’s adherence to parental training, advice and guidance
Whether the requested education reasonably relates to the child’s overall long-term career objectives

In some situations, the parent’s responsibility to pay college tuition may even extend to graduate or professional school. At least one New Jersey court has held that a father was required to provide support for his daughter until she finished law school.

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury, including physical injuries in a work-related accident. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

Contributory and Comparative Negligence in New Jersey

September 18, 2019 by The Cintron Firm

When You Share the Responsibility for Injuries You’ve Suffered

It’s not unusual, when you’ve suffered injury in an accident, that a court of law will conclude that you contributed, to some degree, to the events that led to your losses. What are your rights and responsibilities when you have some liability for your own injuries?

Contributory Negligence

Under the laws first established in England, and brought here in colonial times, the doctrine of contributory negligence applied when an injured person caused his or her losses, in whole or in part. Under the principle of contributory negligence, a person who caused his or her own injuries, in any way and to any degree, could not recover monetary damages from another person. In practice, the law came to be perceived as often unfair, allowing grossly negligent defendants to escape responsibility if they could show the slightest carelessness or negligence by the injured party.

Comparative Negligence

In response to those perceptions, New Jersey and all other states have replaced the doctrine of contributory negligence with the concept of comparative negligence. In a comparative negligence scheme, the court first makes a determination of the total amount of a plaintiff’s losses. The court then establishes the degree or extent to which the plaintiff contributed to his or her injuries. The total damage amount is then reduced by that percentage. For example, if a person sustained $100,000 in losses in a motor vehicle accident, but was deemed 25% responsible, the award will be reduced to $75,000.

The doctrine of comparative negligence has taken two forms—pure comparative negligence and modified comparative negligence. In a pure comparative negligence jurisdiction, the injured party will always receive something, even if he or she is primarily responsible for injuries suffered. In a modified comparative negligence state, such as New Jersey, the plaintiff must stay below a specific threshold of liability, typically 50%. If he or she exceeds that degree of responsibility, no damages are recoverable.

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges, including people who have sustained injuries in a slip and fall accident. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

When There’s More than One Person Responsible for Your Injury

September 10, 2019 by The Cintron Firm

Recovering Full and Fair Compensation for Your Losses

When you have been hurt in an accident, one of the first steps toward recovering compensation for your injuries is determining who caused the accident. Often there are a number of factors that combine to bring about an accident or mishap, so there may be a number of parties with some potential liability. In fact, it’s not uncommon of an injured person to have engaged in some carelessness or negligence as well, partially contributing to the circumstances that caused the loss.

First of all, you can bring a legal claim against anyone who can be shown to have engaged in negligence, as defined by the law. Under the law as it has developed over centuries, negligence requires that you show three things:

That the defendant did not act as a reasonable person would under the circumstances
That the failure to act as a reasonable person caused the accident
That, as a result of the accident, you suffered actual losses

There’s no limit to the number of defendants that can be named in a lawsuit, but you’ll need to make the showing of negligence against each. As a general rule, the court will determine the degree of liability and allocate damages according. For example, if you suffer $100,000 in losses and there are two defendants—one deemed 60% liable and the other 40% liable—one will be required to pay you $60,000 and the other will be responsible for $40,000 in damages. In New Jersey, though, any defendant who is held to be 60% or more responsible is jointly and severally liable for all damages. That means that the injured party can recover all damages from that defendant and that party will need to seek reimbursement from other responsible parties.

Contact Our Office

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Is Proof of Negligence Required in a Workers’ Compensation Claim?

August 28, 2019 by The Cintron Firm

Do You Have to Show Carelessness by Your Employer?

As a general rule, in personal injury claims, the injured party is required to show that the defendant “breached the duty of care.” Essentially, that means that the at-fault party did not act “as a reasonable person would,” given the circumstances. Under personal injury law, as it has evolved over the centuries, all persons in society are expected to behave prudently or reasonably in all situations, whether driving a car, maintaining property or manufacturing a product.

That principle, however, does not apply to work-related accidents. Workers’ compensation laws, including those in New Jersey, are considered to be “strict liability” measures. Under the concept of strict liability, there’s no requirement that an injured party prove negligence or carelessness. Instead, to qualify for workers’ compensation benefits, an injury person need only show that he or she was injured, and that the injury occurred during the course of employment.

When Is an Injury Work-Related?

The guiding principle, then, when determining eligibility for workers’ compensation benefits, is the determination of whether or not the accident occurred while the victim was on the job. In many situations, the answer is indisputable. An employee injured while operating a machine, lifting or carrying objects or otherwise engaging in duties specifically related to his or her job, will likely qualify for benefits. There are, however, situations where the determination may not be so clear:

Injuries sustained on a break—In most instances, injuries suffered on a regularly scheduled break will be covered by workers’ compensation, unless the worker leaves the premises to conduct personal business.
Injuries suffered while traveling—Injuries that occur on a commute (to or from work) are generally not covered, unless the worker makes a detour to conduct work-related activities. Injuries suffered while traveling for work are typically covered, unless the employee was engaged in a wholly or primarily personal activity.
Injuries at golf outings or other non-work company events—These are generally covered, with a limited number of exceptions (the employee consumed too much alcohol and got hurt, for example)

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Slip and Fall in New Jersey—The Status of the Injured Party

August 26, 2019 by The Cintron Firm

How the Results May Differ Based on Why the Person Was on the Premises

In New Jersey, as in other states, the owner (or person exercising control over premises, such as a tenant or property manager) of residential or commercial property has a duty to maintain the premises in such a way as to minimize the risk of injury to individuals visiting the property. The duty is not absolute, though. The owner must generally take reasonable steps to monitor the property for potentially dangerous conditions, and then must fix those problems, reasonably warn visitors of the potential dangers, or take steps to prevent visitors from having access to that part of the property where the risk of injury exists.

The duty owed by owner/person in control varies, however, based on the reason why the injured person is on the property:

Trespasser—If the victim is on the property without permission, he or she generally has no recourse for injuries suffered. One notable exception applies to children and what is known as an "attractive nuisance." If there’s something on the property that would naturally attract children to the land—a pool or playset, for example—an owner may have liability even if the child entered without permission.
Licensee—A licensee is anyone who comes on the property with the implied or express permission of the owner or person in control. This may include a party guest or anyone coming on to property for his or her own benefit. A property owner is liable for injuries to a licensee only to the extent that he knew or should have known of the dangerous condition and would reasonably have been expected to acknowledge and fix it.
Invitee—An invitee is a person who comes on property for the benefit of the property owner. Shoppers and employees are generally considered invitees, as are individuals who enter land open to the public. The duty to an invitee is the highest, requiring that the property owner use reasonable and ordinary care to keep the property safe, making regular inspections and warning of non-obvious and dangerous conditions.

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Third Party Liability for Motor Vehicle Accidents

August 22, 2019 by The Cintron Firm

Can Someone Other than the Driver Be Responsible?

When you’ve been injured in a motor vehicle accident, the first place you typically look to recover for your losses is the at-fault driver. But what if that person is uninsured or underinsured? Are there other avenues that you can pursue, so that you can get full and fair compensation for your losses? There may be.

In any personal injury lawsuit based on negligence, you must show three things:

That another person failed to act reasonably under the circumstances
That the failure to behave reasonable caused an accident
That you suffered actual losses because of the accident

Accordingly, it may be possible to seek and recover damages from persons other than the driver of the other vehicle, provided you can demonstrate a breach of the duty of care and a causal link to your injuries. Here are some of the most common instances where third party liability may be established:

Respondeat superior—This legal doctrine allows you to seek damages from the employer of a person causing an accident, provided the employee was in the course of employment at the time
Vicarious liability—Under this principle, the owner of a car may have liability for an accident caused by someone who borrowed the vehicle, or a parent may have liability for an accident caused by a teenage driver
Dram shop or social host liability—If the other driver was intoxicated, you may have a claim against the individual or establishment that served the alcohol
Product liability—If the crash was caused by a dangerous or defective automotive design or part, you may be able to bring legal action against the designer, manufacturer, distributor or retailer
Danger or defective roadway—If there was loose gravel, water/ice on the road, or a pothole that caused the accident, you may be able to sue the municipality responsible for maintaining the road

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Should You Accept a Settlement from Your Insurance Company?

July 31, 2019 by The Cintron Firm

The Importance of Consulting an Attorney Immediately after an Automobile Accident

When you’ve sustained an injury because of the carelessness or negligence of another motorist, it’s customary to contact your insurance provider to help cover your losses. In states like New Jersey, with its no-fault auto insurance laws, you are required to work directly through your own insurance provider. Don’t be surprised, either, if your insurer comes to you pretty quickly and offers you a certain amount of money to resolve your claim. They may tell you that they’ve thoroughly investigated the accident and determined that that’s the full amount of your coverage. In some instances, they may simply send you a check.

Before you sign anything, including the check, you want to consult with an attorney. Why? Because insurance companies are for-profit entities, and they make their money by minimizing the amount they pay for claims. Accordingly, they may offer you significantly less than your claim is worth (or than you’ll actually incur in losses). Once you’ve accepted the settlement, you may have waived the right to compensation for any further losses.

With an attorney, it works the other way around. Your attorney has a vested interest in maximizing your recovery, as he or she will typically receive a percentage of whatever you recover. Both the insurance company and your attorney will have a much better idea of the total potential losses than you will. The insurer, though, has no incentive to disclose to you that some of your injuries may take weeks or even months to heal, and can severely hamper your life in the interim. Your lawyer, though, will know what to expect and can make certain that any potential settlement takes into account all potential losses.

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

Summertime—The Worst Time to Be On the Roads in New Jersey

July 29, 2019 by The Cintron Firm

Study Shows Accident Rate Higher in July and August than Other Months

A quick quiz—that’s the most dangerous time of year to be out and about on the streets and highways in New Jersey? The winter, right? All that snow and ice makes motoring around pretty precarious, doesn’t it?

Actually, no. According to statistics gathered by the National Highway Traffic Safety Administration (NHTSA), the two months with the highest accident rates all year are July and August, with more than a quarter of the nation’s traffic fatalities in those two months.

But how can that be? Here are some of the reasons cited by the NHTSA:

The average speed is higher in the summer—Because the roads are cleaner, drivers tend to travel at higher rates of speed in the summer.
There are more people on the roads in the summer months—Young drivers are generally out of school and often choose driving around as a primary activity, as it doesn’t require a lot of money. In addition, most families take their vacations during the summer months, and driving has become more popular over the last 4-5 years with the cheap price of gas. If the accident remains the same, but there are more drivers on the roads, there will be more accidents.
There are more teenaged drivers on the roads in the summer—Teenagers are involved in about one of every three motor vehicle accidents every year. When they’re not in school, more often than not, they’re out driving somewhere.
Drivers are more tired in the summer—The average trip tends to be longer in the summer, leading to more driver fatigue.
There’s more road construction in the summer—Studies show that construction zones are frequently causes of motor vehicle accidents. Particularly in northern climates such as New Jersey, there’s far more construction in the summer than other times of the year.
Warmer temperatures can result in more instances of road rage or aggressive driving.

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges, including people who have sustained workplace injuries. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.