A plaintiff, who is in his late twenties and is a New Yorker, brought suit against the defendants, a hotel owner, a management company and a cleaning company,  when he was cleaning a kitchen stove, and he tripped and fell into a deep fryer, as reported by the New York Law Journal in a September 6, 2012 news article.

The Defendants filed a motion that New Jersey laws should apply in this case whereas the plaintiff argues that New York laws should govern. The hotel owner is a New Jersey company; the management company is a domiciliary of New Jersey, and the cleaning company is a New York corporation. The laws from each of these states differ in regards to loss allocation and the regulating conduct. Loss allocation is when the court determines who is liable for the occurrence of a tort. New York and New Jersey law differ on this. In New York, a plaintiff can only recover if his own negligent exceeds that of the defendant. In New Jersey, a plaintiff may only recover if his negligence does not excess that of the defendant.

The court looks to the Newmeir test to determine which state law should apply. First the accident victim must show the importance of his choice of law governing in the case over defendant’s choice of law. The accident victim fails to do so. Second, when the parties are located in different states and the accident occurred where the defendant is domiciled, that law governs. The accident victim lives in New York; the Defendant hotel owner is domiciled in New Jersey, and the accident occurred in New Jersey, and thus New Jersey’s law applies. Third, the place of occurrence will govern unless it will hinder or disrupt the flow of an effortless lawsuit. The accident occurred in New Jersey, so New Jersey’s law applies here. Thus, the court granted the defendant’s motion and New Jersey’s law applies.

We at the Law Offices of Jayson Lutzky, P.C., can provide you with the information you need on what your options are if you or family member has been injured and how this can affect the interest of the parties in an accident claim. If you have been injured and you are in need of legal advice, please feel free to call us at 1-800-660-5299 for a free initial in person consultation or visit our website www.MyNewYorkCityLawyer.com.