Personal Injury Articles for the Injured of NJ

Liability Waivers and Gym Memberships

Posted by Francis M. Smith on Fri, Jul 07, 2017

By Francis M. Smith

For many people, joining a gym, health club, aerobics class, or yoga studio is an accessible and affordable way to help them stay active and healthy. Some people also find that the group atmosphere helps them maintain their motivation and commitment to meet their exercise goals. It's unfortunate that these fitness centers too often pose the risk of serious injury to the very same customers and members who patronize them in an effort to improve their health. Every year, thousands of people suffer injuries in exercise classes and gyms; many of these incidents involve slip and fall accidents or improperly maintained exercise equipment. Hard shower and poolside floors, heavy free-weights, and enormous metal exercise machines with dozens of moving parts offer abundant opportunities for an accident to result in broken bones, back or neck injury, spinal damage, or even traumatic brain injury (TBI).

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Topics: injury compensation, premises liability, waiver of liability

The Value of Your Injury Claim vs. Available Insurance

Posted by Francis M. Smith on Wed, Feb 17, 2016

  By Francis M. Smith

When attempting to estimate the correct compensation to be paid in a personal injury case, you should of course consider important factors like the type of injuries you sustained, the kind of treatment you required, and the presence of witnesses or physical evidence that support your account of your accident. However, it's just as important not to lose sight of the single absolute limiting factor on your injury compensation: the amount of money the defendant actually has. If the person responsible for your injuries has no liability insurance (or, in the case of motor vehicle accidents, insufficient insurance coverage) and negligible personal wealth and assets, it doesn't matter how ironclad your case is, how obviously at fault the defendant was, or how much your injuries cost to treat – you simply cannot sue a person for assets that he doesn't have.

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Topics: Uninsured Motorist Coverage, Product Liability Cases, Underinsured Motorist Coverage, injury compensation, premises liability

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

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

Falls in Homes and Private Residences

Posted by Francis M. Smith on Wed, Apr 15, 2015

By Francis M. Smith

When discussing slip and fall accidents, the examples that spring most immediately to mind are accidents on public or commercial property: tripping on a cracked or raised sidewalk, slipping on a spill in a grocery store, or falling on ice in a parking lot. But it's just as possible to be injured in a fall in home settings, too – and when that happens, it's often unclear what the right course of action should be. Most often, if you are in a private residence other than your own, that home belongs to a family member, a friend, or a neighbor. Even if you are seriously injured in a fall in a home belonging to one of these people, it can be difficult to know how to proceed. After all, who wants to bring claim, much less a legal action against a friend or relative?

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Topics: Trip and Fall, Dangerous Premises, Slip and Fall, premises liability, falls in homes

Falls in Stores and Shopping Malls

Posted by Francis M. Smith on Mon, Apr 13, 2015

By Francis M. Smith

One of the more common settings for slip and fall accidents is inside stores or other commercial properties, and falls in stores are also among the most hotly litigated premises liability cases. The primary source of contention in many of these cases is that of responsibility: who bears the burden of ensuring that a fall on the store premises doesn't take place – the customer trying to navigate their way through the store and do their shopping, or the owner or manager of the store who has experience with the premises and knowledge of its common hazards? Generally speaking, courts have upheld the idea that the operators of commercial properties have a special responsibility to provide a reasonably safe premises for customers and visitors.

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

Falls on Public or Government Property

Posted by Francis M. Smith on Fri, Apr 10, 2015

By Francis M. Smith

Seeking compensation for injuries resulting from a fall can be complicated regardless of who the owner or manager of the property is, but when you experience a fall on public property, many additional complications can arise. If you are injured on property owned or controlled by a government entity, whether that entity is a federal, state, or municipal body, the rules governing your premises liability claim are different and more stringent than if the party you intended to sue was a private individual or business.

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Topics: Injuries, Slip and Fall, injury compensation, premises liability

Premises Liability Categorization of People

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

By Francis M. Smith

Accidents resulting in personal injury at a private residence, place of business, or other property can happen at any time of year – though the snow, ice, and wet of winter weather certainly creates additional seasonal hazards. If you are injured in a fall or other accident on a property owned by someone else, the medical bills and other expenses from your injuries can rack up quickly, leaving you to wonder how to deal with all these sudden costs while trying to recover your health. One natural question to ask is, “Can I recover damages for my injuries from the party who owns or controls the property where I was hurt?” The answer, as is so often the case in personal injury and premises liability claims, is “It depends.”

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Topics: Dangerous Premises, premises liability

Liability for Dangerous Premises in New Jersey

Posted by Francis M. Smith on Fri, Feb 13, 2015

By Francis M. Smith

When you set out to seek compensation for injuries you sustained from an accident on another person's or business's property, there are a number of things you and your attorney must be able to prove. The first few are obvious: you must prove that the accident took place, that you were injured as a result of it, and that the injuries and money damages you are seeking stem from those injuries. In addition to this, you must also prove that the individuals or business entities that control the property (whether they own it, rent it, or have been charged with its management) bear liability for the injuries you suffered. Proving liability is often more challenging in slip and fall accidents than it is in, for instance, car crashes, for a number of reasons. Often, the injured person in a slip and fall accident is also the only person to have witnessed the accident take place. In a car accident, certain types of accidents (like a rear-end collision) carry a clear indication of fault, whereas premises liability law can be complex, can vary based upon the location of the fall, and, in some cases, can be very subjective. Having the help of an experienced premises liability attorney is essential when pursuing an injury case like this, as your attorney can help you understand the details of the laws governing liability.

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Topics: Injuries, Dangerous Premises, injury compensation, premises liability

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