Personal Injury Articles for the Injured of NJ

Falling is Leading Cause of Most Nonfatal Injuries

Posted by Francis M. Smith on Fri, Jan 18, 2019

By Francis M. Smith

No one who has lived in New Jersey for any length of time is surprised by the fact that snowy weather increases a person’s risk of slipping and falling. What may be surprising for many of us, however, is how great the effect of that increased risk can be, and how often these falls can lead to serious injury. While the best-case scenario for a fall on ice results in nothing more than damp dress or trousers and something to complain about for the rest of the morning, many falls cause injuries serious enough to warrant a hospital visit. In fact, the workload increase in emergency rooms during slippery, snowy days is comparable to the increase resulting from a major accident or moderate natural disaster, according to some studies.

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Topics: Slip and Fall, hazardous road conditions, Dangerous Premises, Dangerous Condition

Injuries Caused by Negligent and Inadequate Security

Posted by Francis M. Smith on Mon, Dec 31, 2018

By Francis M. Smith

When most people hear the phrase, “premises liability suit,” they tend to think of slippery floors and cracked sidewalks resulting in patrons falling and being injured. The deliberate criminal actions of another private individual seldom conjure the notion of liability on the part of the property owner in an observer’s mind. However, every property owner has a duty of care toward visitors and patrons to maintain the premises in a reasonably safe condition to minimize the risk of foreseeable harm, and that includes providing adequate security measures in locations where patrons and visitors might be vulnerable to crime.

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Topics: premises liability, Dangerous Premises, negligent security

Who is Liable When Someone Falls on a Condominium Sidewalk?

Posted by Francis M. Smith on Fri, Oct 16, 2015

By Francis M. Smith

As the weather turns colder, the changing season brings with it the return of yearly hazards to pedestrians – specifically in the form of slippery and unsafe sidewalks. Fallen autumn leaves, slick with rain, will soon give way to ice and snow in winter, and it's no surprise that New Jersey sees an increase in slip and fall injuries (and resulting injury claims) at this time of year. Unfortunately, the law surrounding liability for sidewalk injuries involves many conditions and exceptions, which can leave an injured plaintiff unsure of whether they have a case, and if so, against whom.

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Topics: Injuries, Trip and Fall, Dangerous Premises, Slip and Fall, premises liability

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

Frequently Asked Questions Regarding Slip and Fall Injury Cases

Posted by Francis M. Smith on Wed, May 13, 2015

By Francis M. Smith

Q: What exactly does the term “slip and fall” mean, legally?

A: Although it sounds more like plain English than legal jargon, “slip and fall” is a legal term that refers to a particular scenario in tort law. ("Tort law" simply refers to civil justice and remedies provided, as compared to criminal justice.) Slip and fall lawsuits involve cases in which the injured plaintiff suffering an accident in which they slipped or tripped and fell on a property belonging to another person or entity (who would be the defendant(s) in the case). In these cases, the defendant may be held liable, or legally responsible, for the plaintiff's injuries if the defendant was negligent in a way that breached the duty of care he owed to the plaintiff.

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Topics: Dangerous Condition, Dangerous Premises, Slip and Fall, injury case

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

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