Personal Injury Articles for the Injured of NJ

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 in Amusement Parks

Posted by Francis M. Smith on Wed, Apr 29, 2015

By Francis M. Smith

New Jersey is fortunate to be home to many amusement parks, from a variety of local theme parks to one of the largest amusement park and safari chains in the country. Theme parks cultivate a sense of adventure, playfulness, and safety within their borders – which is why it seems all the more jarring when something goes wrong and someone is hurt. The idea of an accident at an amusement park conjures up images of roller-coaster disasters, but as a fraction of all personal injury claims at theme parks, these catastrophes are thankfully rare. Much more commonly, the sort of accidents that result in an injury claim and a potential lawsuit are rather mundane: the same sort of slip and fall accident that can happen in a supermarket or a restaurant.

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Topics: Injuries, Trip and Fall, Dangerous Condition, Dangerous Premises, Slip and Fall, injury compensation, falls in amusement parks

Falls in Construction Sites

Posted by Francis M. Smith on Mon, Apr 27, 2015

By Francis M. Smith

Construction sites can be, by their very nature, hazardous locations. Heavy equipment, ladders and scaffolding, holes and trenches, and other features can create dangers that can only be mitigated, not entirely erased. It is the duty of the general contractor or property manager in charge of a construction site to maintain it in as safe a condition as possible, but sometimes corners are cut or errors are made, resulting in accidents. Every year, more than 68,000 injury claims result from slip and fall accidents on or around construction sites – and of these, over 100 represent fatal accidents. Often the victims of these falls at construction sites are workers employed by one of the companies (sub-contractors) operating on the job site, but passers-by or other people are also at risk of falling accidents in these areas.

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Topics: Trip and Fall, Dangerous Condition, Dangerous Premises, Slip and Fall, Construction Accidents, Workplace Injury, Workplace Accidents

Falls in Parks and Playgrounds

Posted by Francis M. Smith on Fri, Apr 24, 2015

By Francis M. Smith

Most of the time, discussions of slip and fall accidents are framed around adult injuries; most of the time when children trip or slip, they suffer nothing worse than a scraped knee and a bit of a scare. But parks and playgrounds, with their elevated platforms, hard surfaces, and the presence of other children, offer opportunities for a child to sustain more serious injuries in a falling accident. Each year more than 200,000 children under 14 suffer accidents on the playground that require medical treatment, and many of these accidents are playground falls. Injuries to children are difficult to contemplate, but when a parent or caregiver is faced with the reality of this kind of accident, it's vital to know how to proceed.

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Topics: Trip and Fall, Slip and Fall, Injuries to Children, falls in parks, falls in playgrounds

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

Hidden or Obvious Defects (Latent Defect or Patent Defect)

Posted by Francis M. Smith on Wed, Apr 08, 2015

By Francis M. Smith

While many slip and fall accidents result from negligent conduct on the part of a property maintainer in allowing objects or substances to create hazards on a walking surface, some hazardous conditions that cause falling accidents result from a defective condition of part of the property itself. When this occurs, who is responsible for the presence of the defect and thus liable for the injuries that it caused – the parties who own or maintain the property, or the parties who designed and built the defective items in the first place? The answer to that question is partly determined by whether the hazard that caused the injury was a patent or a latent defect.

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Topics: Trip and Fall, Dangerous Condition, Slip and Fall, latent defect, patent defect

Work Place Falls

Posted by Francis M. Smith on Mon, Apr 06, 2015

By Francis M. Smith

One of the more common places for a slip and fall accident to take place is at the accident victim's place of employment. In New Jersey, an injured worker usually cannot sue an employer for negligence. If the only entity or person responsible for an injury is an employer or a co-worker, the injured person's only avenue to receive compensation for their injuries is through workers' compensation. Depending on the circumstances surrounding the injury, however, there may be other parties who contributed to your accident, and if these third-party entities were negligent in some fashion that led to your work fall, you may be able to pursue legal action against them to seek compensation for your injuries.

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Topics: Trip and Fall, Product Liability Cases, Dangerous Condition, Slip and Fall, Workplace Injury, Workplace Accidents

Falls on Escalators & Elevators

Posted by Francis M. Smith on Wed, Mar 25, 2015

By Francis M. Smith

While there is no place on most properties that is completely free of the dangers of slip and fall accidents, some areas present both a greater risk of a fall and the potential for more serious injury than other parts of the same property. Many multi-story buildings such as shopping malls and office complexes offer visitors the convenience of using elevators and escalators to travel between floors, and every day thousands of people use these devices without a second thought. But the traffic of those thousands puts a great deal of stress on the machinery and surfaces of escalators and elevators, and without careful and regular maintenance, these can wear down and create hazards that put the lives and bodies of riders at serious risk.

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Topics: Injuries, Trip and Fall, Slip and Fall

Injuries Resulting from Slip and Falls or Tripping

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

By Francis M. Smith

Suffering a fall as a result of unsafe walking surfaces or hazards on a property can result in serious injuries. There are many ways that an injury-causing fall can occur, but these kinds of accident can be divided into two broad categories: slip and fall accidents, and trip and fall accidents. If the incident occurs on a premises controlled by another party and the hazardous condition existed due to that party's negligence, there is little or no difference in liability between the two types of falling accident – but when pursuing damages for your claim, the distinction between a slipping accident and a trip can be important for substantiating your account of events. Perhaps more importantly, the kind of falling accident you suffer can partly determine what injuries you sustain.

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

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