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What Happens If You Receive Something in the Mail that You Didn’t Order?

what-happens-if-you-receive-something-in-the-mail-that-you-didnt-orderIt’s a fairly common consumer fraud scheme—a vendor mails you something unsolicited, then sends you a bill. When you contact the company to tell them you didn’t order it, they ask you to send it back, often at your expense, then threaten you with prosecution or send you more bills or collection letters. What are your options?

The first thing to understand is that any time you receive an item that you didn’t order, it’s a gift. It will never be considered theft and it will never be considered fraud. If the vendor continues to harass you, ask for written proof that you ordered the item. If the vendor fails to produce that, but continues to harass you, contact an attorney immediately. You should also notify your state’s consumer protection agency, as well as the consumer protection agency in the state where the vendor is located.

In addition, a vendor cannot send you an unsolicited letter, telling you that if you don’t return a form by a certain date, you will receive goods and be charged for them. You can only be held responsible for that type of arrangement if you agree to it in advance. For example, with a book-of-the-month club or similar vendor, you must first respond to a mailing or advertisement before you can become obligated to anything.

If a vendor has or gets your credit card information and charges you for something you didn’t order, contact your credit card company and contest the charge.

Contact Us to Protect Your Rights

In the aftermath of a personal injury or consumer fraud, evidence can get lost and memories can fade. Don’t run the risk that you won’t be able to get full and fair compensation for your injuries. Contact our office online or call us at 856-667-4666 to arrange a meeting. Evening and weekend appointments can be set up by request. We’ll also come to your home or the hospital to meet with you, if necessary.

We handle all personal injury claims on a contingent fee basis. There won’t be any attorney fees unless we recover compensation for your losses.

New Jersey’s Dog Bite Law

dog-bite

If you have been attacked or bitten by a dog in New Jersey, you can file a lawsuit to recover compensation for injuries that you suffered. There are, however, specific conditions that must be met before you can receive damages.

First, you must show that you were either on public property at the time of the attack, or that you were lawfully on private property when you were hurt. Trespassers generally do not have a right to sue for dog bite injuries. The dog bite law specifically applies only to bites, and not to other types of injuries. For example, if a dog knocked you down and caused broken bones or other types of injuries, those losses would not be covered by the dog bite statute. You can, however, file a general negligence action for such injuries.

Like many other states, New Jersey imposes “strict liability” for dog bites. This means that, if you are bitten by a dog, you don’t have to show that the dog owner was negligent or that any negligence on the part of the owner caused your injuries. Instead, you need only show that:

  • The dog was owned or controlled by the defendant
  • The dog bit you
  • You suffered some type of injury or loss because of the bite

Defenses to a Dog Bite Claim

New Jersey law allows a dog’s owner to raise two different defenses, if applicable. First, if the injured person was illegally on the dog owner’s property, the defense of trespass may be appropriate. In addition, because New Jersey recognizes “comparative negligence” in personal injury lawsuits, a dog owner may have a defense if the injured person engaged in actions that provoked the dog.

Contact Us Now

Don’t run the risk that evidence will be lost— contact us online or call our office today at 856-667-4666 to schedule an appointment. Your first consultation is free. We are available evenings and weekends upon request. We’ll also travel to your home or the hospital, if necessary.

We handle all product liability claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

The Different Types of Product Liability Claims

Barista steaming milk at the coffee machine

When you purchase an appliance, a toy, a motor vehicle or any other consumer product, you expect that the manufacturers have taken reasonable care to ensure that the design and construction of the product are done in such a way that there’s not an unreasonable risk of injury when you use the product as intended. Unfortunately, that’s not necessarily the case. There are many dangerous and defective products readily available to consumers. If you or someone you love has been hurt after using a consumer product, here are the potential avenues for legal recovery.

Defective Design

A lawsuit alleging defective design of a product asserts that manufacturers and marketers failed to act reasonably when designing the product. Under this theory, the product is considered inherently unsafe, regardless of the care with which it was manufactured or assembled. In legal action based on defective design, you must show that a reasonable person would have recognized the defect and would have either fixed the problem or reasonably notified potential users of the risk of injury. For example, if you design a vehicle with a high center of gravity, making it susceptible to rollovers, you must either warn of the risk or redesign the vehicle to minimize the risk.

Defective Manufacture

A product may be considered defectively manufactured under a number of circumstances:

  • Substandard materials were used in the construction of the product
  • The product was carelessly or negligently assembled or fabricated
  • The manufacturer did not properly supervise the employees who were assembling or building the product

For example, if an appliance manufacturer knowingly uses substandard materials or fails to put procedures in place to ensure that products are correctly assembled, there may be liability.

Negligent Marketing

An allegation of negligent marketing essentially says that the manufacturer or marketer did not adequately warn potential users of known risks of injury. For example, the manufacturer of a coffee maker may have liability if the company knew that the product produced water hot enough to cause serious burns.

Contact the Law Offices of David J. Karbasian, PC

Don’t risk the loss of evidence or the disappearance of a witness. The sooner you retain legal counsel, the better! Send us an e-mail today or call us at 856-667-4666 to schedule an appointment. We handle all mortgage foreclosure scam claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

New Jersey Authorities Charge Home Improvement Contractors with Defrauding Sandy Victims

new-jersey-authorities-charge-home-improvement-contractors-with-defrauding-sandy-victimsOfficials estimate that Hurricane Sandy, which hit the Atlantic in October, 2012, caused nearly $30 billion in damage to property in New Jersey, including nearly 350,000 homes that were damaged by the storm. Earlier this month, New Jersey officials announced that two home improvement contractors have been charged with using deceptive practices to fleece the federal government out of more than a million dollars in relief funds. They also say that the contractors took homeowner money and then failed to begin work or to finish work on a number on as many as 12 different homes.

Under New Jersey law, a home improvement contractor can be liable for fraud for a variety of acts:

  • Knowing omitting or failing to disclose a material fact, including knowledge that a project will not be completed by an agreed upon date
  • Intentional misrepresentation—making statements the contractor knows or has reason to know are not true. This can include promises to use certain materials or references to the skill level of any worker.
  • Regulatory violations—this is the most common type of infringement and may result in treble damages

According to state authorities, the homeowners in the cases involved here received funds through the RREM (Reconstruction, Rehabilitation, Elevation and Mitigation) program. The state of New Jersey has demanded restitution of all funds received by the two contractors, as well as a court order permanently prohibiting the owners of the companies from participating in any way with companies doing home improvement work in New Jersey moving forward.

Contact Us Now

Don’t run the risk that evidence will be lost— contact us online or call our office today at 856-667-4666 to schedule an appointment. Your first consultation is free. We are available evenings and weekends upon request. We’ll also travel to your home or the hospital, if necessary.

We handle all product liability claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

The Most Common Types of Construction Accidents

construction-accidents

It’s common knowledge that working on a residential or commercial construction project is one of the most dangerous occupations in the world. Statistics
indicate that one of every 25 construction workers in America will sustain a non-fatal injury this year. Though general contractors and owners are aware of the risks and have a duty to take steps to protect the safety of workers, the desire to maximize profits by cutting corners still pervades and has serious consequences. Here are the most common types of construction accidents.

Falls from Heights

Far and away the single greatest cause of injury on a construction site is falls from heights, including ladders and scaffolding, accounting for one of every three construction site injuries. Too often, contractors don’t supervise the erection of scaffolding or monitor employees to ensure that ladders or scaffolding are properly set up. In addition, it’s not unusual for job sites to lack safety barriers on upper levels.

Slips and Falls

The most common factor contributing to jobsite slips and falls is the accumulation of trash, refuse or debris on a site. This includes building materials, tools and other equipment.

Falling Items

Whether it’s a high-rise or a single family home, there are often tools, building materials or debris left on upper levels. When these items fall to the ground, they can cause serious injury to anyone below.

Dangerous or Defective Tools, Equipment or Machinery

Power tools that misfire or breakdown, or heavy equipment that’s not properly maintained can cause serious injury.

Contact Attorney David J. Karbasian

Contact our office online or call us at 856-667-4666 to schedule an appointment. Your first consultation is without cost or obligation. The sooner you call, the sooner you can move forward with your claim. We can accommodate evening or weekend meeting requests and will come to your home or the hospital, if necessary.

We handle all personal injury claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

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