Injuries

NJ TRANSIT Joins List of Places Banning Hoverboards

February 15, 2016 | The Victor Rotolo Law Firm

They were all the craze this past holiday season, but now hoverboards have gone from topping wishlists to topping banned items lists.

As with any personal transportation device, from bicycles to skateboards, hoverboards require some practice before you can master the art of riding one. Immediately following the holidays, the Internet was full of videos depicting epic fails of people attempting to use their hoverboards for the first time. Adults and children alike were urged to wear proper safety equipment when using their hoverboards to protect against injury. This isn’t the danger that is prompting the ban of hoverboards however.

Reports of defective lithium ion batteries bursting into flames while hoverboards are being recharged have prompted authorities on college campuses and officials in transportation authorities to ban hoverboards from their premises. NJ Transit is the latest to join the long list of places participating in the ban. For more details, read “NJ TRANSIT Bans Hoverboards On Trains, Light Rail.”

Court: Store Isn’t Liable for Woman’s Slip-and-Fall Injuries

February 1, 2016 | The Victor Rotolo Law Firm

Slip-and-fall accidents can result in damages ranging from minor sprains to broken bones and spinal cord injuries. When these falls occur on someone else’s property, the injured party is sometimes entitled to recover damages, but not always. A recent New Jersey case is one such example.

Last Tuesday, a New Jersey appeals court upheld an earlier Superior Court ruling in favor of Burlington Coat Factory in a lawsuit brought against the retailer by a customer who claimed to have slipped on a piece of fruit while shopping in the company’s Middlesex Mall location. Generally, property owners are responsible for keeping their property safe or at least warning visitors of potential dangers until they can be rectified. In this instance, however, the woman allegedly slipped on fruit, which had nothing to do with the store’s business. Because of this, the appeals court ruled, store management could not be expected to have been aware of the danger prior to the accident. For more details on the court’s ruling, see “Burlington Coat Factory not liable for woman who slipped on fruit, court finds.”

New Regulations Could Affect Recreational Drone Operators

January 4, 2016 | The Victor Rotolo Law Firm

Did you receive a drone as a gift this holiday season or perhaps purchase one for someone on your gift list? If so, you should be aware of new regulations recently announced by the Federal Aviation Administration (FAA) affecting many recreational drone operators.

Officials are concerned that the increased, unregulated use of drones poses a risk of serious injury resulting from accidents with other aircraft. According to a report issued by Bard College’s Center for the Study of the Drone, there were 327 “close encounters” between drones and manned aircraft reported between December 2013 and September 2015. The majority of these incidents met the FAA’s definition of “close encounters,” which means two aircraft were flying within 500 feet of each other at some point. Additionally, most of the reported incidents took place in areas where drones are prohibited by the FAA. The Consumer Electronics Association predicted that sales of drones for 2015 would be somewhere in the neighborhood of 700,000, with a large number of sales occurring during the holiday season. With more drones in the air, the near-miss incidents can only be expected to increase.

In an effort to cut down on the dangers drones pose to manned aircraft, the FAA is now requiring that drones over a certain weight be registered with the federal government and that recreational users follow certain operating guidelines. For details on the new regulations, read US News & World Report’s story, “Toy Drones Must Be Registered With the Government.”

Tips for Avoiding Holiday Tragedies

December 21, 2015 | The Victor Rotolo Law Firm

The holidays are a hectic time for many people and, with attention stretched so thin, it is easy to overlook hazards lurking in your home. Trees that aren’t properly cared for, candles left unattended, and cooking surfaces left unsupervised are the most common hazards that can lead to fires which, in turn, have the potential to cause injury and property loss.

Those aren’t the only hazards of the holiday season however. Decorative lights, plants, even the ribbons, bows and paper used to dress up the presents hold hidden dangers. For a more detailed list of what to look out for, see “6 Holiday Safety Hazards.”

Taking a few extra minutes to ensure that your home and decorations are safe can mean the difference between happy holidays and tragedy.

Are Stricter Safety Regulations Required for Zip Lines?

November 9, 2015 | The Victor Rotolo Law Firm

Zip lines can be found almost everywhere these days – vacation resorts, summer camps, even schools, farms and backyards vying to attract the adventurous. However, as the popularity of this activity grows, so does the number of related injuries according to a recent study published in the American Journal of Emergency Medicine.

The study looked at zip line activity between 1997 and 2012 during which time almost 17,000 zip line-related injuries, including cuts, sprains and broken bones, were reported. The majority of these injuries occurred between 2009 and 2012 at commercial zip line courses; so-called “amateur” zip lines accounted for only about 30% of the reported injuries. Currently, there are more than 200 commercial zip lines in this country; while amateur zip lines number in the thousands.

A recent Associated Press (AP) report titled, “Zip line popularity soars along with injuries, study says,” noted that this study indicates the need for more uniformed safety standards and regulations of the zip line industry. Currently regulations essentially are self-imposed and vary by state. In New Jersey operators are required to obtain a permit before operating a zip line; however, State inspectors perform “paper only” inspections, which involve reviewing the engineering plans, operations manual, and inspection and training records. Zip line operators are, however, required to hire an independent inspector for a hands-on inspection of their equipment, according to the National Association of Amusement Ride Safety Officials.

Halloween Injuries: Accessories That Put the Scare in Halloween

October 26, 2015 | The Victor Rotolo Law Firm

Halloween is just around the corner and if you want a real scare, consider the following statistics:

Halloween ranks among the top three holidays in terms of injuries and / or fatalities. The other two most dangerous holidays are July 4^th(fireworks) and New Year’s Eve (drunk driving).
In the 20-year period from 1990 to 2010, the number of fatal accidents involving child pedestrians on Halloween averaged 5.5 each year, compared with 2.6 for other days.

Parents Urged to Anchor Heavy Furniture to Prevent Injury to Children

September 28, 2015 | The Victor Rotolo Law Firm

Ikea, the giant Swedish furniture company, joined the U.S. Consumer Products Safety Commission (CPSC) in warning parents of the need to anchor heavy furniture to the walls in order to prevent the furniture from accidentally tipping over and causing injuries, particularly to young children. The CPSC contends that such accidents can be prevented by simply anchoring the furniture to a wall.

Last year, two toddlers in the U.S. reportedly died in separate incidents involving chests of drawers sold by Ikea. In response, the furniture company joined the CPSC in its warning to parents and offered free wall-anchoring kits to consumers who purchased the MALM chests from its stores. For details, the www.today.com story, “Ikea urges anchoring its dressers and drawers to the wall to protect children.”

Top State Court Rules Homeowners’ Associations Can Be Held Responsible for Clearing Walkways

August 31, 2015 | The Victor Rotolo Law Firm

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.”

Congress Considers Requiring Companies to Publicly Disclose Asbestos Use

August 17, 2015 | The Victor Rotolo Law Firm

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.”

Could the Revised Seat Belt Design Be Responsible for Severe Injuries?

July 20, 2015 | The Victor Rotolo Law Firm

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.