Legal Question in Personal Injury in New Jersey

Re: tort/criminal law

Is that a serious question? Well, if it is, the ultimate inquiry will be: did the thrower of the missile have a duty to you as a person sitting on the beach to not throw the missile? Then, if he did, did he breach a duty to you in throwing the object? That is, will a jury say that under your facts, the way this was thrown was a negligent act? Then, did this breach cause your damages? Were you even damaged? If you did not go to the hospital, then you have already wasted my time, but if you did go to the hospital, then you may have a claim. HOWEVER, even if you fulfill all of these elements, the kid who threw the object might have a defense: did you voluntarily assume the risk? Specifically, the court will ask: does a person sitting on a beach take the chance that a frisbee might hit them sometime? That's his affirmative defense. If you feel good about all of these, then go ahead and sue. I doubt you will have any attorneys salivating to take this case, however, unless (1) you lost a limb or an eye; and (2) Donald Trump threw the object.

Re: tort/criminal law

you do have a claim if you were injured. Your claimd is against those who were tossing the ball. You may have a claim against the municipality, however, those types of claims are subject to particular statutes that are difficult to overcome. There are also notice provisions that must be met by you. These can be complicated and you should hire an attorney to handle the notice. What are your injuries?