Personal Injury Articles for the Injured of NJ

Fractures to Lower Leg Caused by Slip on Ice Settles for $290,000

Posted by Francis M. Smith on Sun, Jan 29, 2017

By Francis M. Smith

Frank Smith recently resolved a case in which he represented a gentleman who parked at a commercial parking lot on his way to work. The parking lot owner was aware that patrons would be coming in to the lot, knew that run off from a snowfall several days earlier would melt in the subsequent warmer weather and then freeze overnight, when temperatures went below freezing, and that in the morning, there would be ice on the blacktop where patrons would be walking.

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Topics: Injuries, Success Stories, Slip and Fall

Another Harsh Winter Anticipated

Posted by Francis M. Smith on Fri, Dec 18, 2015

  By Francis M. Smith

As winter closes in on New Jersey again, many residents have begun to wonder whether another season of unusual and severe weather awaits us. Long-range forecasts are difficult to make with any certainty, but the old stand-by reference for many people across the country, the Old Farmer's Almanac, has weighed in definitively on the subject. According to the almanac, the winter of 2015-2016 promises to be another severe one, with particularly harsh temperature drops and plenty of snow. In particular, our part of the country is destined for some noteworthy cold snaps this year, according to the publication.

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Topics: Injuries, Motor Vehicle Accidents, Slip and Fall, Pedestrian Accidents

U.S. Open Slip and Fall in Locker Room Results in Lawsuit

Posted by Francis M. Smith on Mon, Dec 07, 2015

By Francis M. Smith

Many people often think of slip and fall accidents as happening more to certain groups of people, like the elderly or children, but the reality is that anyone can become the victim of a serious slip and fall injury. This past September, the highly-ranked tennis star Eugenie Bouchard discovered this personally when she slipped on the floor of a locker room at the US Open and fell, striking her head. If a successful 21-year-old athlete can experience a dangerous slip and fall injury, such an incident can just as easily happen to the average person. That's why it's so important to know how to respond if you sustain such an injury as a result of negligence on the part of an organization or facility.

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Topics: Slip and Fall

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

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

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

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