Personal Injury Articles for the Injured of NJ

What is the Difference between Trip and Fall Accident and a Slip and Fall Accident?

Posted by Francis M. Smith on Wed, Feb 27, 2019

By Francis M. Smith

One of the most common causes of injury is a fall to the ground after losing one’s balance or footing. If you suffer such a fall because of a hazard on someone else’s property, you may have grounds for a personal injury claim. Depending on the nature of the fall, these claims are generally referred to as “slip and fall” or “trip and fall” accidents. In many ways these two types of accidents are identical, but there are some key differences that may have relevance to your injury case if you have suffered one of these accidents.

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Topics: Trip and Fall, 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 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

What is a Process Server? NJ Personal Injury Attorney Explains

Posted by Francis M. Smith on Mon, Dec 08, 2014

By Francis M. Smith

When you've sustained injuries in any sort of accident resulting from someone else's negligent or reckless actions, your attorney may find it necessary to take your case to court in order to secure the financial compensation you deserve for your injuries. In order to initiate a personal injury lawsuit against the parties liable for your injuries, anyone you are suing must be "served" with legal documents informing them of the legal action being taken against them. This presenting of papers is known as "service of process", and the person who delivers these documents is known as a process server.

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Topics: Trip and Fall, Slip and Fall, Trial Procedures

When Suing a Public Entity for Injuries under Title 59 Restrictions

Posted by Francis M. Smith on Fri, Sep 05, 2014

By Francis M. Smith

When you have suffered injuries as a result of an accident caused by someone else's recklessness or negligence, there are many things occupying your attention. Foremost, of course, should be the medical treatment that your injuries require to relieve your pain and facilitate healing. But it can be hard to focus on treatment and recovery without thinking about how all those medical bills are going to be paid. Seeking compensation for your injuries from the parties responsible can help you ensure that you can get the medical care you need without putting yourself or your family in financial jeopardy, especially if you are also prevented from working either temporarily while you recover, or permanently as a result of disabling injuries.

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Topics: Trip and Fall, Slip and Fall

Slip and Falls That Result in Elbow Dislocation

Posted by Francis M. Smith on Fri, Jun 27, 2014

By Francis M. Smith

In slip and fall accidents, one of the most natural reactions to realizing that you're falling is to reach out with your hands to break your fall. It happens reflexively, and often spares the accident victim serious injuries to the face and head – but at a price. When the force of the fall is concentrated on the hand, the impact can travel up the arm and cause the victim's elbow to dislocate.

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Topics: Trip and Fall, Joint Injuries, Elbow Injuries, Slip and Fall

Use of Life Expectancy Tables in Personal Injury Cases

Posted by Francis M. Smith on Wed, Jun 11, 2014

By Francis M. Smith

Some personal injury cases are straightforward: another car crashes into yours and your leg is broken, requiring immediate treatment and several months of physical therapy in order to enable you to recover fully and resume your customary activities. But sometimes the injuries suffered by an accident victim are of a severity or a nature that he or she is left with a permanent disability, a lifelong condition, or an increased risk of future health problems. Joint damage may render a patient more likely to develop arthritis later in life and at an earlier age, and head trauma can leave a victim more vulnerable to sustaining serious damage from subsequent head injuries. So how are these permanent injuries and increased risks adjudicated when it's time to work out how much you deserve in fair compensation for your injuries?

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Topics: Injuries, Motor Vehicle Accidents, Car Accidents, Trip and Fall, Motorcycle Accident, Permanent Injury, Dangerous Premises, Automobile Litigation, Dog Bites, Brain Injury, Construction Accidents, Herniated Disc, Bulging Disc, Evidence, Workplace Injury, Workplace Accidents, Sports Injuries, Truck Accidents

NJ Slip and Fall Attorney Discusses Life Changing Injuries

Posted by Francis M. Smith on Mon, Apr 14, 2014

By Francis M. Smith

Although "slip and fall" and "trip and fall" injuries are mistakenly associated with older individuals over the age of 65, individuals of all ages are capable of experiencing slip or trip and fall events. A fall injury can happen at any time- at home or in public- and such events can at times result in severe injury. The Centers for Disease Control has identified slip and fall injuries as the most common cause of injury to individuals over the age of 65, and spinal cord injuries- possibly the most serious of all possible resulting injuries- caused by slip and fall events have been on the rise in recent years among the elderly according to the Journal of Neurotrama.

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Topics: NJ Personal Injury Attorney, Trip and Fall, NJ Personal Injury Lawsuit, New Jersey Personal Injury Attorney, Slip and Fall, NJ Personal Attorney

Slip and Fall Accidents: What You Need To Know About Personal Injury

Posted by Francis M. Smith on Wed, Nov 20, 2013

By Francis M. Smith

Slip and fall accidents. Who hasn't slipped and fallen numerous times in life, usually with little injury to anything other than our pride? There are those unfortunate few among us, however, who have suffered more than just a minor scrape or some slight bruise, experiencing instead serious and, in some cases, even permanent injury. For those individuals, a slip and fall accident is no laughing matter. If the accident was arguably the fault of another, failure to fully preserve your rights may impact your ability to get the medical attention and financial compensation you deserve.

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Topics: Trip and Fall, Slip and Fall

Playground Safety Tips to Avoid Child Accidents and Injuries

Posted by Francis M. Smith on Mon, Jul 29, 2013

By Francis M. Smith

The invitingly warm weather and longer days of summer create an ideal setting for children to play outside. Active outdoor play is an important way for children to get valuable exercise and social interaction with their peers. The local playground is a great place for children to spend time with other kids and engage in stimulating physical activity, but it's important for parents to be aware of how to maintain proper playground safety to help their children avoid potentially serious injuries. More than 200,000 children are injured seriously enough to require emergency care on playgrounds in the U.S. every year. Proper equipment maintenance and parental supervision can help to improve playground safety and significantly reduce the chances of your child being injured while playing, allowing him or her to get valuable exercise and enjoy the summer.

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Topics: Trip and Fall, Brain Injury, Injuries to Children

How Grocery Stores Avoid Slip and Fall Accidents

Posted by Francis M. Smith on Mon, Jun 17, 2013

By Francis M. Smith
 
Like any commercial enterprise, grocery stores have a responsibility to the members of the public that they invite through their doors to maintain premises free of dangers. This is not always easy, as there are numerous places within the average grocery store that can become slip and fall hazards: the fact that the customer is invited there to look at what is for sale on the shelves (taking their attention away from the floor) just makes things worse.

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

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

Preventing Slips, Trips and Falls from NJ Personal Injury Attorney

Posted by Francis M. Smith on Fri, Jun 07, 2013

By Francis M. Smith
 
Accidents can happen to anyone, and while many people rightly worry about automobile-related accidents, by far the most common cause of unintentional injury is simply falling down due to slipping or tripping. Slip and fall accidents account for more than 8.7 million visits to the emergency room every year in the US. Some of these slip and fall incidents result in serious injuries, especially if there is head trauma, or if the accident victim is an older adult. Anyone can be seriously hurt by a fall, but adults over the age of 65 are particularly vulnerable to slip and fall injuries, as they are more likely to be seriously hurt, and take longer to recover from their injuries. A fall can seriously impair an older person's mobility and ability to live independently. Because one in three adults over 65 experience a fall each year, preventing slip and fall injuries is a major concern for seniors themselves, for their families, and for the proprietors of the public places they visit.

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Topics: Trip and Fall, Slip and Fall

NJ Personal Injury Lawyer Tips on Preventing Trips and Falls at Home

Posted by Francis M. Smith on Wed, Jun 05, 2013

By Francis M. Smith
 
Though accidental injury can happen anywhere, many people tend to think of their own homes as safe spaces where harm is unlikely to befall them. Unfortunately this is not always the case, and serious injury can result from a slip and fall accident in your own home just as easily as it can outside or in a place of business. Slip and fall incidents represent one of the largest causes of unintentional injury in the United States, and are the second-leading cause of accidental death in communities and homes, accounting for thousands of lives every year. 

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Topics: Trip and Fall, Slip and Fall

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