Personal Injury Articles for the Injured of NJ

Falls Caused by Excessive Weather Conditions - Ice and Snow

Posted by Francis M. Smith on Fri, Mar 27, 2015

By Francis M. Smith

Every year, it seems that winter grows longer, more severe, and more unpredictable. One thing that remains constant, however, is the increased risk of slipping and falling that comes with winter weather. Anyone who has spent a winter in New Jersey knows the perils that come with snow and ice accumulation. When the temperature climbs above freezing for part of the day the danger can actually increase, as packed snow begins to melt and turns to slippery slush, then re-freezes as temperatures drop during the night. Additionally, previously cleared sidewalks can become icy when adjacent snow shoveled off the sidewalk melts, the water flows onto the sidewalk, and freezes. Most people take pains to move carefully across outdoor surfaces when snow and ice cover the ground, but black ice and hidden slick spots under snow cover are difficult to spot.

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

Indoor Floors

Posted by Francis M. Smith on Fri, Mar 20, 2015

By Francis M. Smith

Because we see the number of slip and fall injuries change with the seasons due to weather conditions, it's easy to make the mistake of thinking of falling injuries resulting in premises liability cases as primarily or exclusively an outdoor danger. After all, one doesn't generally find rain-slicked autumn leaves, ice or snow accumulation, or cracked pavement forced apart by freezing and thawing, inside buildings. However, slipping and tripping hazards resulting from poor indoor floors are present throughout the year, and can cause serious injuries.

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Topics: Injuries, Premises Liabiiity, Slip and Fall

Falls from Flooring Conditions

Posted by Francis M. Smith on Wed, Mar 18, 2015

By Francis M. Smith

Falls can be caused by any number of hazards placed in your path, but sometimes the greatest danger is a defect in the path itself. Poor floors are often a sign of inadequate maintenance of the property, and can result in serious slipping or tripping injuries. Injury cases caused by a fall on a damaged or poorly maintained flooring surface require different arguments from both the accident victim's attorney and the insurance company, and pose unique challenges to an injured plaintiff seeking to recover compensation for injuries.

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Topics: Injuries, Premises Liabiiity, Slip and Fall

Slip and Fall Danger Lingers when Snow Melts and Refreezes Overnight

Posted by Francis M. Smith on Mon, Mar 24, 2014

By Francis M. Smith

The dead of winter can be a dangerous time to set foot outside, whether as a pedestrian walking from place to place or even as a driver walking to and from your car. When the calendar officially marks the first day of spring and daytime temperatures start to creep upward, everyone breathes a sigh of relief that winter is leaving – and taking its perilous slip and fall weather hazards with it! But unfortunately, the danger isn't completely behind us yet. Early spring holds its own share of slip and fall dangers that can result in serious injuries.

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Topics: Dangerous Condition, Dangerous Premises, Premises Liabiiity, Slip and Fall, Pedestrian Accidents

Personal Injury: Determining When a "Dangerous Condition" Exists

Posted by Francis M. Smith on Mon, Jul 15, 2013

By Francis M. Smith

If you have suffered an injury due to a fall or other accident on a property owned or maintained by another party, you may think it is reasonable to seek just compensation for the medical bills, lost wages, or other expenses that the injury has caused you. However, sustaining an injury on property belonging to another person or organization is not a guarantee that you will have a successful case. Premises liability in personal injury cases is determined by the presence of three elements in the case, without which your claim may fail.

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Topics: Dangerous Condition, New Jersey Personal Injury Law, Dangerous Premises, Premises Liabiiity, Slip and Fall, NJ Personal Injury Law

Who is accountable when hurt on a sidewalk?

Posted by Francis M. Smith on Wed, Jun 12, 2013

By Francis M. Smith
 
When you suffer an injury by slipping or tripping on a poorly maintained sidewalk, it can be difficult to understand who, exactly, is responsible (and therefore legally liable) for the injury you have suffered, and the damages that may be due as a result. Who controls a sidewalk depends on the property it is associated with, but sidewalk liability laws vary significantly based on what kind of property it is, and to what kind of use it is being put. The complex laws surrounding sidewalk liability can make it hard for the injured party to understand who they should pursue legal action against, or if they even have a case. The different categories of sidewalk liability can be broken down into four general property types: residential, commercial, charitable, and public.

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Topics: NJ Personal Injury Attorney, Injuries, Trip and Fall, Dangerous Premises, Premises Liabiiity, Slip and Fall

NJ Premises Liability Expanded with Recent Wal-Mart Case

Posted by Jean Steckler on Fri, Feb 08, 2013

By Francis M. Smith
 
Those who have been injured in a slip and fall accident know how uncertain it can make life, especially if it occurred on the property of another.  Slip and fall (or trip and fall) in a home you own, and you likely have no one to blame but yourself (or perhaps something a child or pet left lying around!).  Injure yourself on the property of another, however, and the issue of who is at fault may become very significant, impacting the outcome of such issues as responsibility for medical expenses, loss of income and other damages.  The involved property owner may claim that the accident didn’t even occur, that you (or your family member) really didn’t suffer any injury or even that you were at fault for the accident happening in the first place. 

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Topics: Knee Injury, Dangerous Premises, Premises Liabiiity, Construction Accidents

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