Articles Posted in Injuries

The seven-alarm fire that destroyed a luxury Edgewater, NJ apartment complex last month, leaving 1,000 residents without homes, has led to a class action lawsuit and a call from some State and local officials for a review of New Jersey’s current building codes.

The fire broke out in the late afternoon of January 21. Investigators believe it was accidental, caused by a blowtorch used by plumbers working on repairs to a first floor unit. The blaze, which spread quickly, destroyed about 240 of the complex’s 408 units, threatened nearby residences and, because it burned for so many hours, resulted in local roads and schools being closed the following day. Fortunately no deaths or serious injuries were reported.⁽¹⁾

Fire officials have reportedly pointed to several factors as possibly contributing to the intensity and speed at which the fire spread.

• Workers reportedly contacted their supervisor before dialing 9-1-1, resulting in a 15-minute delay in emergency personnel being notified of the fire.
• The complex was built using a lightweight wood and roof truss frame construction method which, although it meets code, is more fire-prone than some other construction methods.
• While interiors of the apartments were equipped with sprinkler systems, there was a lack of sprinklers between walls and under the roof rafters throughout the complex.⁽²⁾

Some of these factors led to the filing on January 26 of a class action lawsuit against the complex’s developer, AvalonBay. The lawsuit claims the fire was a direct result of negligence on the part of the developer since that company, along with any of its delegates, has the responsibility for constructing and maintaining the property in a safe manner designed to avoid injury and/or damage to property. The lawsuit further claims that the developer either knew or should have known that the type of construction used at the complex increased the risk of fire.⁽²⁾ Continue reading ›

A Somerset County woman received a settlement of more than $1.6 million for injuries she suffered when hit by a falling ceiling tile while at the TGI Friday’s restaurant in the Blue Star Shopping Center in Watchung, NJ.⁽¹⁾

According to reports, when a ceiling tile in the restaurant’s bar area fell, it struck the woman on the head and right shoulder resulting in injuries that required several surgeries. The incident occurred in November of 2010 and, reports stated, the woman continues to suffer from discomfort and pain as a result of her injuries. The case was settled earlier this month in a settlement conference heard in Somerset County Superior Court.⁽¹⁾

Accidents resulting in injuries can happen at any given time. Determining whether you have grounds to file a personal injury claim depends largely on whether or not the accident resulted from the careless or irresponsible action of another party and if the accident could have been avoided had the other party acted appropriately.⁽²⁾

Personal injury lawsuits are civil complaints filed by an injured party against another person or entity, including a business or government agency, claiming that the accident resulted from the actions of that person or entity. Such lawsuits are usually heard in the State courts in the county where the accident occurred. Exceptions include cases where “small” damages, typically between $2,000 and $5,000, are being sought; or in cases involving parties who live in different states and damages that exceed $75,000. The former cases usually are heard in the small claims division of a state court, while the latter cases can be filed in federal district court.⁽²⁾

The majority of personal injury cases are resolved through settlements before going to a jury. In settlements, like the case cited above, both sides agree to an amount to be awarded and forgo any additional action. Whether a personal injury case goes to trial or is resolved through settlement, preparation is the same.⁽²⁾ Continue reading ›

Sports are a great way to keep our youth fit and active, but they do carry risks. Take for example last week’s reports on not one but two major league baseball players who were seriously injured when hit in the face by pitches.⁽¹⁾ Although any athlete is at risk for injury, the risks may be higher for children due do their inexperience and lack of training. In an effort to protect children from certain sports-related injuries through education and guidelines, two New Jersey lawmakers have co-sponsored a bill recently introduced in Washington.⁽²⁾

The bill is intended to offer protection for student athletes not only in New Jersey, but across the country. Titled the SAFE PLAY Act (Supporting Athletes, Families and Educators to Protect the Lives of Athletic Youth), the bill is said to be the most comprehensive of its kind in addressing both the safety and health of student athletes. It seeks to:

– increase awareness of risky cardiac conditions in children through educational resources;
– provide public schools with funds for cardiac training and equipment through grants;
– impose stricter requirements for treating and preventing concussions;
– outline safe practices for playing and practicing in hot weather;
– offer guidelines on the safe use of energy drinks; and

– seek more comprehensive emergency action plans for all school-sponsored athletic activities.⁽³⁾

Continue reading ›

An icy parking lot has cost the Extended Stays America Hotel in Piscataway, NJ $1.35 million. That was the jury award in a suit brought against the hotel by a 64-year-old woman who was injured after she fell in the parking lot coming to the aid of another resident who also had slipped on the ice.⁽¹⁾

The incident occurred in January 2010 when Ruth Janiszak heard cries for help from another hotel resident. Ms. Janiszak ventured out into the parking lot to help the other woman get back to her apartment in the hotel. When that woman realized she had left her car keys in the parking lot, Ms. Janiszak returned to the lot to retrieve them, which is when she herself slipped on the ice. The fall aggravated a minor back problem Ms. Janiszak was suffering, resulting in her being required to undergo major surgery. Per reports, Ms. Janiszak continues to be plagued by mobility issues.⁽¹⁾

Continue reading ›

Memorial Day marks the unofficial start of summer – the season that draws many people to the water for recreation. Those whose warm-weather activities include boating should be aware of pending legislation that would increase the penalty for anyone leaving the scene of a boating accident in New Jersey waters. ⁽¹⁾

The proposed change, recently approved by the State Assembly’s Law and Public Safety Committee, would make it a second degree offense to leave the scene of a boating accident if the accident results the death of anyone involved. Second degree offenses are punishable by a prison term of five to ten years and/or up to $150,000 in fines. If the accident results in serious injury, leaving the scene would be considered a third degree crime punishable by three to five years in prison. Additionally, the proposed legislation would increase penalties for failing to assist injured parties at the accident. ⁽¹⁾

Continue reading ›

A New Jersey Superior Court judge earlier this month denied a motion for yet another trial in the case of a Sussex County carpenter who was injured in a 2005 elevator mishap as he was leaving work for the day. (1) This would have been the third trial of a lawsuit filed by the carpenter against the elevator maintenance company responsible for the upkeep of the elevator in which the injury occurred. Both previous trials ended in juries awarding multi-million dollar judgments in favor of the injured man.

The accident occurred on August 19, 2005, as Richard Tufaro, the carpenter, was preparing to leave work for the day. He boarded the elevator at Headquarters Plaza in Morristown to get to the lower parking level when the elevator malfunctioned, dropping two-and-a-half floors before coming to an abrupt stop. The force of the sudden stop allegedly threw Mr. Tufaro, who reportedly was wearing a tool belt weighing about 30 pounds and carrying a tool box weighing another 70, into the elevator panel. Testimony at the initial trial revealed that Mr. Tufaro suffered injuries to his neck, back, spine and shoulder as a result of the incident. He reportedly has been unable to work as a carpenter since the accident. (1)

Continue reading ›

In the past two weeks, two major explosions occurred in New Jersey and neighboring New York City, resulting in lost lives, numerous injuries and devastating property damage. Both explosions are suspected to be the result of natural gas leaks.

On March 4, an explosion tore through a Ewing, N.J. townhouse complex, killing one resident and injuring seven others. More than 20 units were damaged, leaving their residents displaced. ⁽¹⁾ One week later, on March 12, a similar explosion destroyed two five-story buildings in New York City’s East Harlem section. That explosion left eight people dead and around seventy injured. ⁽²⁾

Continue reading ›

This past weekend, thousands of people who couldn’t make it to the Meadowlands held their own Super Bowl parties, but how many gave thought to their responsibilities as host? A number of problems could arise for which a host could be held responsible; some more obvious than others. Among those problems are:

• Slip and fall accidents resulting from weather-related conditions, broken or defective surfaces, insufficient lighting;
• Dog bites, even from animals not known to be aggressive; and
• Injuries or accidents resulting from alcohol consumption. ⁽¹⁾

Continue reading ›

Earlier this month, a jury awarded $166 million to a Jersey City boy who was left blind and brain-damaged after a beating inflicted by his father when the boy was just four months old. This is believed to be the largest jury award ever levied against the State’s Division of Youth & Family Services (DYFS), which was found responsible for failing to protect the child from a father with a violent history.⁽¹⁾

In delivering its verdict, the jury awarded $57 million for pain and suffering, calculated based on the fact the child would require care for the rest of his life at an estimated cost of $2,000 per day. An additional $105 million was awarded to pay for anticipated medical costs and needs. Initially, both DYFS and the boy’s father were found responsible for his injuries but, when asked to determine the percentage of the award each should pay, the jury returned with the decision that DYFS was 100% responsible for the monetary award.⁽¹⁾

Continue reading ›

Proving liability in a slip and fall injury is sometimes difficult as evidenced by two recent appellate court decisions:

“Bridgewater golf course not liable in alleged slip-and-fall accident, appeals court says”⁽¹⁾

“Appellate court rules employee’s fall should be covered by workers’ compensation”⁽²⁾

The first case involved a suit by a man who was injured in a fall suffered as he walked on a wet, carpeted footbridge at a Bridgewater golf course. The injured man filed suit against both the Somerset County Park Commission and operators of the golf course, claiming they neglected to provide a safe walkway for pedestrians and, therefore, were liable for his injuries. That claim was rejected by a lower court and the victim appealed that decision.⁽¹⁾

Continue reading ›