CNJ+ March 2025

F A M I

DO YOU HAVE UMBRELLA COVERAGE ? By John Bazzurro Over the past several weeks, I have had two unfortunate situations that have arose in my practice that have prompted me to write this article concerning something called “umbrella coverage.” Despite its name, this type of insurance coverage has nothing to do with protection from weather events. As will be seen below, “umbrella coverage” is another layer of insurance coverage that is recommended in order to properly protect you and your family against judgments and lawsuits arising out of your negligence or the negligence of a family member within your household. In one case, my client was signi fi cantly injured in a motor vehicle accident with a 17-year-old boy who had only recently received his drivers’ license. Th e automobile insurance policy on the young man’s vehicle had policy limits of $250,000.00 for the bene fi t of parties injured as a result of the negligent operation of the vehicle. Th e young man and his family live in a large home in an upper class Township within Monmouth County and, as such, it would seem that he and his family would have a reason to protect their assets over and above the $250,000.00 policy limits of their automobile insurance. Unfortunately, they did not have additional insurance coverage and, as such, given the signi fi cant nature of my client’s injuries, their personal assets could now be in jeopardy in the litigation. In another case, a client of mine caused a signi fi cant accident in which a number of people were injured. Although I only represented her on the tra ffi c tickets she received, both her and her husband inquired as to whether or not it was likely that they were going to be sued for personal injuries arising out of the accident. Similar to the family above, my client and her husband only had automobile insurance with $300,000.00 in policy limits to cover the injuries sustained by the other individuals involved in the accident. Th e client’s husband was a medical professional and, once again, had signi fi cant assets over and above the $300,000.00 policy limits which he and his wife should have protected. When I asked them if they had “umbrella coverage” to further protect them, they did not know what it was. At a minimum, if you own a home and an automobile, you should have an automobile insurance policy that protects you against injuries you cause in a motor vehicle accident as well as homeowners’ insurance which protects you against injuries caused by you and your resident family members for negligent acts (other than an automobile accident) that cause injuries to others. All homeowners’ insurance policies contain an “automobile exclusion” for which the homeowners’ policy will not cover injuries to others as result of the operation of an automobile. If either of these policy limits are insu ffi cient to “pay for” the injured parties’ injuries, “umbrella Publishing Enterprises, Inc. GUNTHER The duty of a residential landowner is completely different. From a “liability” perspective, a residential landowner has no duty to remove ice or snow from the public sidewalk next to its property. That is, if an individual slips and falls as a result of an accumulation of ice or snow on a public sidewalk next to a residential property, that injured individual cannot obtain monetary damages from the homeowner for negligence. However, does this analysis change if the property owner attempts to remove the ice or snow but does so in an improper or negligent manner? The answer to this question is: “it depends.” A recent New Jersey Supreme Court case held that the landowner in this instance would not be responsible to an injured person unless the landowner’s attempt to remove the ice and snow formed a “new element of danger… other than one caused by natural forces.” Under this language, a subsequent melting and refreezing of that snow on the sidewalk would not constitute such a new hazard. The reasoning of the court in reaching these conclusions is to encourage homeowners to engage in the snow removal process for the safety of the public. Importantly, however, despite the fact that a homeowner may not be liable for damages suffered by someone who slips and falls on the public sidewalk in front of their house, they may be fined by their local municipality for failing to clear ice and snow in conformance with local ordinances. Accordingly, in order to avoid a potential fine from your local town, it is suggested that all attempts be made to remove the ice and snow from the public sidewalk in front of your house. As indicated above, doing so does not necessarily increase any liability you may have to a passerby who falls. Despite my analysis above, there are numerous questions and issues that are still not answered. If a homeowner is not responsible for injuries to one who slips and falls on the public sidewalk, who is? Is a multi-unit apartment building “residential” or “commercial?” Is a public sidewalk next to a residential condominium complex “residential” or “commercial?” Is a common sidewalk with in a residential condominium complex “residential” or “commercial?” The answers to these questions require significantly more legal analysis than can be provided in this article. As such, in the event you or a family member are injured as a result of a slip and fall on ice or snow, you should immediately seek the advice of an attorney to determine who may have responsibility for your injuries. If you or a family member have any questions concerning any issues raised in this article, please do not hesitate to contact my office. JOHN T. BAZZURRO, Esq. - Board Certified Civil Trial Attorney LAW OFFICES OF JOHN T. BAZZURRO, LLC 200 Meco Drive, Millstone Township, New Jersey 08535 Phone (732) 410-5350 Fax (732) 810-0006 Should You Clear Snow & Ice from Your Sidewalk? By John Bazzurro After a recent snowstorm, a family member of mine asked me whether he had an obligation to remove ice and snow from the sidewalk in front of his house. It was his belief that he had no such obligation and that by attempting to remove the ice and snow, he would somehow be “opening himself” up to liability in the event he did it improperly. Accordingly, I decided to write this article with respect to snow removal obligations concerning sidewalks in the State of New Jersey. Since 1981, the obligation of a landowner to remove ice or snow from a public sidewalk differs between commercial landowners and residential landowners. Commercial landowners, which are typically businesses and for profit organizations, have a duty to properly remove ice and snow from public walkways and sidewalks around their buildings in a reasonably timely manner after a snowfall. Further, they have an ongoing and continuing obligation to make sure that those sidewalks and walkways are kept clear from hazards such as ice by continuing to salt and/or sand the area as needed. A commercial landowner which fails to fulfill this duty will be responsible for injuries sustained by any individuals who slip and fall on their property.

L Y LOSING MY MOM 2 TIMES By Karen Geller I lost my mom the first time when she was diagnosed at a young age (mid 60”s) with dementia Seeing my beautiful vibrant mom and beloved grandma decline with each passing year was so devastating to see Losing her ability to speak, to feed herself, to clean herself and to be a shell of the once vibrant women she was it was so heartbreaking to me When the end was near she always knew when her family would visit, she would utter slowly and say “I love you,” that she knew When her decline became worse we would visit her but she could no lon ger speak but she knew to show us love with a great big hug The last week of her life Her eyes were closed When we came to her bedside and we would all say to my mom we are here and we love you At that moment upon her passing she opened her eyes and smiled My mom knew her loving family would always be by her side. M A T T E R S THERE HAS NEVER BEEN A MORE COMPELLING TIME FOR YOU TO SEEK PROFESSIONAL TAX ADVICE TO ENSURE YOU ARE RECEIVING EVERY POSSIBLE TAX BENEFIT YOU ARE ENTITLED TO AND ARE PAYING THE ABSOLUTE LEAST POSSIBLE TAX! MAJOR CHANGES IN THE TAX LAWS MAY IMPACT YOU LACK OF PROPER ADVICE CAN COST YOU HUNDREDS, EVEN THOUSANDS OF DOLLARS OF TAXES! USE YOUR COMMON “CENTS” AND CALL TO SETUP AN APPOINTMENT: DAYS, EVENINGS & WEEKENDS ARE AVAILABLE! AT YOUR HOME OR OUR OFFICE, AT YOUR CONVENIENCE! Phone: (732) 780-3665 or (908) 415-8367 Fax: (732) 780-4402 email: deitzfreeholdcpa@gmail.com • www.kendeitzcpa.com Authorized IRS E-File Provider • Major credit cards are accepted Serving Middlesex and Monmouth Counties Kenneth R. Deitz Certified Public Accountant

Everyone pays tax...

FAMILY MATTERS

L F R W P A

L arge F irm R epresentation W ith P ersonal A ttention

AREAS OF PRACTICE: • Municipal Court Practice, Including Defense of DWI, Tra c Tickets and Non-Indictable O enses • Workers Compensation

AREAS OF PRACTICE: • Municipal Court Practice, Including Defense of DWI, Tra ffi c Tickets and Non-Indictable O ff enses • Workers Compensation • General Civil Litigation • Employment Law • Residential and Commercial Real Estate Transactions

• Personal Injury • Motor Vehicle Accidents • Nursing Home Neglect • Wills

• Personal Injury • Motor Vehicle Accidents • Nursing Home Neglect • Wills

• General Civil Litigation • Employment Law • Residential and Commercial Real Estate Transactions

Certi ed by the Supreme Court of New Jersey as a Civil Trial Attorney Member of New Jersey and New York Bars David P. Levine, Esq. Of Counsel to the Firm 200 Meco Drive, Millstone Twp., NJ Email: jtbazzurro@bazzurrolaw.com 732-410-5350 • www.bazzurrolaw.com

Certi fi ed by the Supreme Court of New Jersey as a Civil Trial Attorney Member of New Jersey and New York Bars

David P. Levine, Esq. Of Counsel to the Firm Michael B. Shaw, Esq., Associate Attorney 200 Meco Drive, Millstone Twp., NJ Email: jtbazzurro@bazzurrolaw.com 732-410-5350 • www.bazzurrolaw.com

GUNTHERPUBLICATIONS.COM �on�t �ook your next vacation without talking 11

17

www.TheMonmouthFamilyTimes.com