Articles Posted in Injuries

While State law may be clear in regards to who is responsible for maintaining commercial property to prevent pedestrians from suffering injuries in slip and fall accidents, responsibility for maintenance is a little gray when it comes to residential properties. But a recent State Supreme Court ruling sheds some light on this issue at least as it pertains to condominium developments.

Last month the Court reversed a lower court ruling by unanimously agreeing that a condominium’s homeowners’ association could be named in a lawsuit filed by a pedestrian who suffered injuries when she slipped and fell on an icy sidewalk in an adult residential community. Earlier a trial court had ruled that the homeowners’ association was immune from such a suit. Although an appellate court upheld that ruling, the Supreme Court disagreed, observing that the development’s own bylaws stated the association was responsible for seeing to the removal of snow and ice from the common walkways. For further details on this decision, see Samantha Marcus’ www.nj.com article, “You can sue condo association for slipping on its sidewalk, NJ Supreme Court rules.”

A recent study disclosed that New Jersey ranks eighth in the nation for asbestos-related deaths, with a rate of 7.2 deaths per 100,000 people compared to a national rate of 4.9 deaths per 100,000 people. This information comes as little surprise considering some of the largest asbestos products manufacturers are located here: Johns Manville and Honeywell International.

Asbestos was commonly used in the manufacturing of certain commercial products, including insulation, drywall and plaster. The toxicity of asbestos was first reported about 50 years ago. While many people believe asbestos has since been banned, it hasn’t. Now there is a bill in Congress that if passed would require companies to publicly disclose, through annual reports and a searchable database, any products that are made from asbestos. For details, read Susan K. Livio’s article on www.nj.com entitled “N.J. home to 8th highest number of asbestos-related deaths.”

It has been more than 30 years since the first law requiring motor vehicle occupants to wear seat belts was adopted in New York. Since that time, efforts to enforce laws like this throughout the country have been stepped up as our roadways have become more congested. But some are now questioning whether the very same safety feature designed to save lives is to blame for causing severe injuries in some cases.

Originally, seat belts were designed to “catch” on impact keeping both drivers and passengers close to their seats to avoid injuries from hitting the steering wheel, dashboard or windshield. Accident victims, however, were suffering from damaged organs and broken ribs thought to be caused by the tightening seat belts. About ten years ago, the design was changed to allow seat belts to spool out in a crash, leaving the cars’ airbags to cushion the impact. While studies credit this new technology with saving lives, experts say that under certain circumstances the slackening seat belts may be leading to more severe injuries. An investigation by the NBC News I-Team takes a look at these allegations. For more details, see the article, “I-Team: Seat Belt Technology Designed to Improve Safety Blamed for Some Severe Injuries,” by Ann Givens, Pei-Sze Cheng, and Evan Stulberger.

As Fourth of July approached, the New Jersey State Police issued a reminder to State residents that the use of fireworks without the appropriate permits is illegal in New Jersey: “Slow Down and Leave the Fireworks to the Pros.”

Despite these efforts, hospital emergency rooms throughout the State, as well as the rest of the country, are filled each year with people injured by fireworks, and this year was no different. The recent headlines underscore the potential dangers: “Man dies shooting fireworks off head;” “Giants’ Jason Pierre-Paul ‘severely’ injures hand in fireworks accident…” and, on a more local front, “Man loses part of his leg in fireworks accident.” These are just some examples of serious accidents that occurred over the July Fourth weekend.

Although fireworks have become synonymous with Fourth of July celebrations, they are common with other events throughout the summer. If reports like those mentioned above are not enough to encourage you to leave the fireworks to the professionals, the risk of facing criminal charges for selling, using or even possessing fireworks in New Jersey should be.

During the summer months, amusement rides can be found everywhere – at theme parks, on the boardwalk, at state fairs and local carnivals – attracting thrill-seekers both young and old. And every summer there are reports of people suffering injuries or being rescued from these amusement rides. These accidents can happen anywhere as confirmed by Foxnews.com’s recent article, “2 injured in California amusement park roller coaster accident,” which reported on amusement ride accidents stretching from California to Maine.

New Jersey, home to boardwalk amusement parks, multiple state and county fairs, and a major theme park, is not immune to such accidents, but it does take steps to help prevent them. An article that recently appeared on NJ1015.com reported on New Jersey’s rigid amusement ride inspection system and offered tips on what riders can do to further prevent injuries. For details, read “Are the amusement rides safe in New Jersey?”

It started as a simple home improvement. A South Jersey couple decided to convert the heating system in their home to natural gas from propane. Although they hired professional contractors for the job, a series of errors resulted in an explosion that destroyed their house and left the couple seriously injured. Now, just under two years after the accident, it was reported that the couple has reached a settlement with both the contractor and the propane company and will receive $1.9 million. See Jeff Goldman’s article, “Couple critically injured when their house exploded gets $1.9M, report says” for details.

Memorial Day traditionally marks the start of the summer season even though the summer solstice is still a few weeks away. While summertime often evokes thoughts of casual relaxation, it is no time to let your guard down, particularly if you own a backyard pool. This is the time when extra diligence is required to protect your guests from injury, especially when young children are involved.

The American Red Cross reports that each year more than 200 children drown in backyard pools. Already stories are emerging about children injured in pool mishaps; see Jonathan Lin’s story, “Bayonne boy found unconscious in pool, taken to hospital, eyewitness says.” Accidents such as these can result from any number of situations: unsupervised children, unsafe diving, excessive horseplay, to name a few.

Making safety a priority when it comes to using your pool will allow both you and your guests to enjoy it and, at the same time, help to prevent injuries. In an article on its website titled, “Home Pool Safety – Maintaining a Safe Environment Around Your Home Swimming Pool,” the Red Cross offers some safety guidelines every pool owner should heed.

Trampolines have long been a favorite form of fun and exercise for children and adults alike. Now with the warmer weather approaching and thoughts turning to outdoor activities, it might be tempting to add this activity to your own backyard. Before you do, however, you may want to consider the risk of injuries trampolines pose.

According to an article on www.parents.com titled “What E.R. Doctors Wish You Knew,” injuries from trampoline accidents account for more than 90,000 visits to the emergency room each year. But ER doctors and pediatricians aren’t the only ones who caution against trampoline use. Insurance companies classify them as “attractive nuisances,” ranking them right up there with such risky attractions as abandoned refrigerators, swimming pools and unattended tools. In her article, “Trampolines bounce up homeowner’s insurance claims,” Linda Melone points out that some insurers won’t even write a homeowner’s policy if there is a trampoline on the property. Others, she writes, may write the policy but exclude the trampoline. Read the full article for more information about the problems and liabilities homeowners face when installing a trampoline on their property.

Recent economic conditions have opened the door to new opportunities designed to make money for the creative entrepreneur while at the same time offering significant savings to the consumer. Ridesharing companies like Uber and Lyft are prime examples of this, as is Airbnb, which offers housing accommodations to travelers at rates far more attractive than those offered by more traditional hotels and inns. Airbnb has the added advantage of offering lodging accommodations in locations not necessarily serviced by traditional resorts, like rural areas or residential neighborhoods.

The idea of gaining a true local experience by renting a house, or even a room, from someone native to the area you are planning to visit can be enticing, especially now as people plan their summer vacations. Before booking your trip, however, understand that this new trend carries its own set of risks. What happens if you suffer an injury from a fall or a dog bite? Traditional hospitality companies are insured against unexpected accidents, which may not be the case with private individuals offering their homes or portions of their homes for rent to travelers. Consider the following story by New York Times reporter Ron Lieber, “Questions About Airbnb’s Responsibility After Attack by Dog.”