Personal Injury Articles for the Injured of NJ

Falls from Loading Docks

Posted by Francis M. Smith on Wed, May 27, 2015

By Francis M. Smith

Warehouses and other sites where cargo is loaded onto and received from trucks can be dangerous places, to workers and visitors alike. Though a loading dock is a seemingly indispensable part of the shipping and receiving process, loading docks offer many hazards for people who traverse them, whether during the course of their employment or for other legitimate purposes. Loading dock falls often result in severe injuries, due to the elevation of the raised loading dock platform from the ground below, and the hard, sharp surfaces and equipment typically found in and around these areas.

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Topics: Injuries, Slip and Fall, falls from loading docks

Falls Resulting from Inadequate Lighting - Indoors and Outdoors

Posted by Francis M. Smith on Mon, May 25, 2015

By Francis M. Smith

There are a number of hazards that can result in a slip and fall accident inside a building or outdoors, but one of the greatest contributing factors to dangerous falls is often overlooked. Inadequate lighting can conceal dangers that a person walking through the space might otherwise notice, or turn even a well-maintained staircase into a hazard. It is the responsibility of anyone who owns, administers, or maintains a property to keep it in a state that is safe for all legitimate visitors (which includes all members of the public for most businesses or public buildings, and tenants and their visitors in residential rental units). This duty of care requires them not only to repair any defects in walking surfaces and clear away spills or debris, but to provide adequate lighting to allow the average visitor to see where they are walking without difficulty.

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Topics: Injuries, Slip and Fall, falls from inadequate lighting

Negligent Security: Preventable Criminal Attacks

Posted by Francis M. Smith on Fri, May 22, 2015

By Francis M. Smith

Business owners have a duty of care toward their visitors: they must take steps to remedy any dangerous conditions on their property that they know about, as well as any dangerous conditions that they should know about as a result of reasonably careful maintenance of the property. Sometimes, however, the dangers that threaten to injure visitors to the property are not just slippery floors or icy steps. Some of the more devastating injuries that can befall visitors are suffered at the hands of other people in acts of violent crime – and for premises liability purposes, reasonably foreseeable criminal activity committed by a third party may count as a dangerous condition that a property owner has a duty to rectify through implementing reasonable security measures.

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Topics: Injuries, Dangerous Condition, Dangerous Premises, premises liability, negligent security

Common Defenses To A Slip and Fall Injury Accident

Posted by Francis M. Smith on Wed, May 20, 2015

By Francis M. Smith

When your slip and fall injury claim goes to court, you and your attorney will need to prove a number of things to the satisfaction of a jury: that you suffered an accident as a result of the negligence of the party you are suing, that the injuries you sustained were caused by that accident, and that the financial damages you are seeking stem from those injuries. As you are working to provide evidence in support of these points, the lawyer working for the insurance company will be doing his best to tear down your attorney's arguments. One of the more common points of attack for defense attorneys in slip and fall injury cases is the claim of negligence. If they can convince a jury that their client (the landowner or property manager you are suing) was diligent in fulfilling his duty of care and that your accident took place despite the client's reasonable efforts, you won't be able to collect injury damages regardless of how seriously you were injured.

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Topics: Injuries, Dangerous Condition, Dangerous Premises, Slip and Fall, injury compensation, comparative fault

The Three Ingredients to a Slip and Fall - Injury: Shoes, Floor and Person

Posted by Francis M. Smith on Mon, May 18, 2015

By Francis M. Smith

In any slip and fall injury case, there are three components in play that may contribute to an accident. These components are the accident victim him- or herself, the footwear the victim was wearing when the accident took place, and the flooring or other surface across which the injury victim was walking when the accident occurred. When you are injured in a slip or trip and fall accident, it's important for you and your attorney to examine all three factors thoroughly, in order to rule them out as a possible cause of the accident (and produce evidence to support ruling them out), or to demonstrate that a particular factor was at fault and gather evidence in support of this conclusion.

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Topics: Injuries, Dangerous Condition, Dangerous Premises, Slip and Fall

Slips and Falls Caused by How the Store Does Business? The Wollerman Rule and the Mode of Operation Explained

Posted by Francis M. Smith on Fri, May 15, 2015

By Francis M. Smith

In some slip and fall injury claims, the cause of the accident is readily apparent: a staircase hand rail wasn't securely attached to the wall and gave way when the injured plaintiff grasped it, or the plaintiff slipped on a spilled puddle of laundry detergent, which left a soapy residue on her shoes. Unfortunately, there are many other cases in which it's clear that something caused the injured person to slip and fall, but the specific hazard that precipitated the fall is difficult to identify or prove. Sometimes the hazard that caused the accident is discovered, but it is unknown how the hazard came to be on the floor, or whether it had been there long enough for an employee of the business to discover it. In the past, this has resulted in the cases of many injured plaintiffs being dismissed on the grounds that they lacked evidence to prove negligence. A New Jersey Supreme Court decision established the Wollerman rule, making it simpler for some slip and fall victims to argue their cases by shifting the burden of proof to the defendant under some circumstances.

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Topics: Injuries, Dangerous Condition, Dangerous Premises, Slip and Fall

When to Hire an Experienced NJ Slip & Fall Lawyer

Posted by Francis M. Smith on Mon, May 11, 2015

By Francis M. Smith

After reading through so many pages of detailed description of various aspects of slip and fall injury cases, there are two likely conclusions you may have reached:

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Topics: NJ Personal Injury Attorney, Injuries, Slip and Fall, injury compensation

When Negligent Security Harms

Posted by Francis M. Smith on Fri, May 08, 2015

By Francis M. Smith

When you sustain injuries on a premises owned or controlled by someone else, there are specific circumstances under which that person or organization may be held liable for the costs of your injuries. The duty of care that property managers owe to invitees who are on their property for legitimate purposes is high: if the property manager knows about, or should reasonably know about, a hazardous condition or situation on their property, they are obligated to take steps to reduce or eliminate the danger. If they fail to do this, they could be found negligent and forced to pay damages to a visitor who trusted the property manager to keep the premises safe and was injured as a result. The archetypal example of negligence involves a slip and fall accident due to a section of cracked pavement or a spill that was not cleaned up in a timely manner, but these are not the only dangers that a visitor to a property might face.

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Topics: Injuries, Dangerous Premises, Slip and Fall, injury compensation, premises liability, negligent security

Slip & Falls on NJ Residential, Commercial & Government Property.

Posted by Francis M. Smith on Wed, May 06, 2015

By Francis M. Smith

When pursuing a personal injury claim resulting from a slip and fall accident, one of the major factors that dictate how the case must proceed and what you and your attorney must be able to prove is the kind of property where the accident took place. A slip and fall on commercial property is one of the most common cases of premises liability claims, and it looks very different in practice from a case involving a similar fall on residential property or on government land. There are some commonalities among these three kinds of claims, of course: in each case the injured person must prove that they were injured as a result of the fall, and that the financial damages they are seeking stem from those injuries. The standards of determining liability and, in some cases, the procedure that the claim must follow, are the main factors that differ as a result of the kind of property where the accident occurred.

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Topics: Injuries, Dangerous Premises, Slip and Fall, injury compensation

Navigating Fault: Why Are Slip & Falls Hard to Prove, Who Is to Blame, & What to Do When You Fall

Posted by Francis M. Smith on Mon, May 04, 2015

By Francis M. Smith

Though they are among the more common personal injury cases, slip and falls can be surprisingly difficult to pursue. In any negligence claim, there are three basic points that must be proven to the satisfaction of a jury if the case makes it to court. First, you must prove that you suffered losses (in the form of medical expenses, lost wages, pain and suffering, loss of enjoyment of living, and other costs that result from being injured). Second, you must prove that these losses were the result of the accident in question – that your injuries were the consequence of this particular fall, and not some other incident or condition. Third, you must prove that the accident is the fault of the individuals or organizations you are suing. This is the point where many insurance lawyers will attack your case the most fervently, because fault can be tricky to prove in slip and fall cases.

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Topics: Injuries, Dangerous Condition, Dangerous Premises, Slip and Fall, injury compensation

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