Suing In The Neighboring State

New York, Nassau County; New Jersey, Essex County

Hi, a company sold me a defective product which caused thousands of dollars worth of damage to my property when it exploded. Estimated value is at $7000.

If I can sue them in my home state I can recover up to $5000, which I would be OK with. Lose $2000 and avoid the headache of retaining a lawyer. First question I have is, by shipping to New York, does that qualify as doing business in New York. Much like that lawyer who sued his client even though the client never set foot in NY.

If I sue them in their state (NJ), it wouldn't be a problem because I'm close, but my limit is $3000, and that is not OK with me. My second question is if anyone can give me general information about the NJ Special Civil Division. What I gather so far is that it is like a hybrid small claims-real civil which covers $3k-$15K. Information on this special civil division is sparse. Is it something that an intelligent individual can handle without a lawyer (it is permitted)? Is it informal like small claims or is it a circus. I have successfully defended myself in full civil court before against real good lawyers, I'm no dope as my whole family is lawyers...every family needs a token scientist. Unfortunately all of my relatives are not NJ-Bar except one who can not fit a minor thing like this in his work load (new lawyer).

It sounds like you want to take them to Small Claims Court in either NJ or NY. It might be worth your while and time to hire a lawyer and take them to civil court. If you prevail in civil court, you can generally get your lawyer fees recovered. Plus, in NY you can file in your county.

If you file in New Jersey, you will have to file in whichever county the company is located in. That could add a lot of traveling time and expense to your suit. It could also mean that if things get really dicey and you do need an attorney, you will need a NJ lawyer. In NY, you can get someone you (or your lawyer relatives) know. For that kind of money, I would want a lawyer.

Whichever route, you will need proof of the cause and damage. That includes photos of the damage, estimates / bills for repairs AND proof that the merchandise that exploded was caused by the merchandise and not some other item. For example, if your laptop battery exploded, you will need to show you didn't leave it top of the stove but the item exploded while at rest or during normal use.

A common error is that the Plaintiff thinks all they need to do is show up in Small Claims Court and they win. You still need to prove to the Judge you bought the merchandise, it malfunctioned through no fault of yours, that malfunction caused damage to your property, and the responsible party will not reimburse you.

Good luck.

Funny you said laptop....

the damage is an estimated $1500 for the computer. $5000 for data recovery (written estimate in hand), $500 for a new bed frame (it was next to my bed at the time), $50 for a new A/B/C extinguisher, cost of water to keep it cool for 2 hours until it stopped exploding, damage to my driveway (where I carried the flaming wreck to) and being I am a firefighter I figured I can charge for professional services rendered.

The problem with a lawyer is for some reason I can't find one that will take it on consignment and I don't have the funds for retainer fees. That is why I would be happy with the $5000.

FYI - in both NY and NJ, attorneys fees are not recoverable as damages.

Anyway, for the extra $2k (which I'm not sure you're entitled to), NJ would seem more appropriate. You can find out the whole process here:
http://www.judiciary.state.nj.us/civil/civ-03.htm