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Kenneth Vercammen & Associates
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Edison NJ 08817

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Cranbury, NJ 08512
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A. In General

The law imposes upon a defendant the duty to exercise the care that a reasonably prudent person would exercise under all the circumstances confronting him/her at a particular time. Failure to exercise such care constitutes negligence.

Obviously the risk of harm will vary with the circumstances. In some settings that risk is greater than in others, and, when this is so, a reasonably prudent person will exercise a greater amount of care, that is, care in proportion to the increased risk.

Whoever uses a highly destructive agency is held to a correspondingly high degree of care toward all persons who in the exercise of their lawful right may come in contact with it.

The responsibility imposed is the use of reasonable care consistent with the dangerous instrumentality employed and a proper anticipation of the results which could be reasonably foreseen.

[Where applicable the following may be added:]

(See Beck v. Monmouth Lumber Co., 137 N.J.L. 268, 273 (E. & A. 1947) and other cases cited below.)

Ordinarily, the adoption and operation of a method which accords with that in general use by well regulated companies satisfies the duty of due care owed. But the care which must be exercised over the construction and maintenance of a highly destructive agency requires more than the use of mere mechanical skill and approved mechanical appliances. It also includes circumspection and foresight with regard to reasonably probable contingencies.

It is for you to determine from the evidence whether the defendant used reasonable care under the circumstances, considering the dangerous instrumentality employed and a proper anticipating of the results which could reasonably have been foreseen.



Beck v. Monmouth Lumber Co., 137 N.J.L. 268, 273 (1947); Adams v. Atlantic City Electric Co., 120 N.J.L. 357 (E. & A. 1938); Heyer v. Jersey Central Power & Light Co., 106 N.J.L. 211 (E. & A. 1929); Manning v. Public Service Elec. & Gas Co., 58 N.J. Super. 386, 395 (App. Div. 1959); Robbins v. Thies, 117 N.J.L. 389, 393 (E. & A. 1936); cf. Berg v. Reaction Motors Div., 37 N.J. 396 (1962).

A number of the above cases set forth a more minute specification of the duty owing.


Seward v. Natural Gas Co., 11 N.J. Super. 144 (App. Div. 1950) revd in 8 N.J. 45 (1952); Guzzi v. Jersey Central Power & Light Co., 12 N.J. 251, 257 (1953); Harty v. Elizabethtown Consolidated Gas Co., 11 N.J. Misc. 382 (C.P. 1933); Farrell v. N.J. Power & Light Co., 111 N.J.L. 526 (E. & A. 1933); Andreoli v. Natural Gas Co., 57 N.J. Super. 356 (App. Div. 1959), but see Araujo v. N.J. Natural Gas Co., 62 N.J. Super. 88 (App. Div. 1960).


McAndrew v. Collerd, 42 N.J.L. 189 (E. & A. 1880). Absolute liability imposed for damage due to storage of explosives within city limits. Referred to in Majestic Realty Associates, Inc. v. Toti Contracting Co., 30 N.J. 425, 434 (1959).

But in Black Tom Explosion case, N.J. Fidelity Ins. Co. v. Lehigh Valley R.R., 92 N.J.L. 467, 470 (E. & A. 1918) the court said that a high degree of care is required, which means a degree of care commensurate with the risk of danger. See also Berg v. Reaction Motors Div., supra.


Majestic Realty Associates, Inc. v. Toti Contracting Co., 30 N.J. 425, 434-438 (1959).


Davis v. Hellwig, 21 N.J. 412, 415 (1956). Courts have universally regarded loaded firearms as dangerous instruments and have ascribed an elevated degree of reasonable care to be exercised in their use. Peer v. Newark, 71 Super. 12 (App. Div. 1961); certif. denied, 36 N.J. 300; Wimberly v. Paterson, 75 N.J. Super. 584, 596 (App. Div. 1962).


Kress v. Newark, 9 N.J. Super. 70 (App. Div. 1950), revd, 8 N.J. 562; Rakowski v. Raybestos-Manhattan, Inc., 5 N.J. Super. 203, 207 (App. Div. 1949), certif. denied, 3 N.J. 502 (1949).


Kahalili v. Rosecliff Realty, Inc., 26 N.J. 595, 603 (1958) care commensurate with the reasonably foreseeable risk of harm, such as would be reasonable in the light of the apparent risk. Garafola v. Rosecliff Realty Co., 24 N.J. Super. 28 (App. Div. 1952).


Zpenzierato v. Our Lady of Mt. Virgin, 112 N.J.L. 93 (1933).

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Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the soft approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you dont protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- For Settlement Only -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

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Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

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