Articles Posted in Injuries

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.”

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⁾

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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⁾

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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⁾

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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)

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