Articles Posted in Injuries

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⁾

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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⁾

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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⁾

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Recent headlines regarding the after effects of head injuries sustained by former professional football players has brought the issue of concussions and youth athletes into the focus once again. Just last week, Hall of Famer Tony Dorsett disclosed that he was suffering from the early stages of a degenerative brain disease – chronic traumatic encephalopathy (CTE), which has been linked to repeated brain injury.⁽¹⁾

Dorsett is the third living pro football player known to be suffering from CTE and was one of thousands of players who filed suit against the National Football League over injuries related to concussions. Those players received a $765 million settlement from that suit this past August.⁽¹⁾

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Although most area schools won’t start classes for another couple of weeks, preseason is in full swing for their fall sports teams. Participation in school sports can benefit our children’s health, self-confidence and social development. That same participation, however, can lead to serious injuries unless necessary precautions and safety guidelines are followed.

According to statistics from the American Academy of Pediatrics and Safe Kids USA/Worldwide:
• more than 30 million children play sports annually;
• over 3.5 million, age 14 and younger, are treated for sports-related injuries; (1)
• 1.35 million student athletes ended up in the emergency room last year; (2)

• most injuries — 62% — occur during practice sessions, not the actual sporting event. (1)

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A NY-standard yield-to-peds sign on Roosevelt Island, New York City. New Jersey drivers are now required to stop and remain stopped for pedestrians in crosswalks. (Photo credit: Wikipedia)

Failure to stop for pedestrians in marked crosswalks may soon result in tougher penalties for some motorists. A panel of the New Jersey Senate recently approved a bill that would increase the penalties for drivers who hit and kill a pedestrian as a result of failing to stop at a crosswalk, moving the bill forward for full Senate consideration. The new bill would carry fines of up to $1,000 and a six-month community service sentence. Additionally, the bill would give judges the ability to sentence drivers to prison for 90 days and/or suspend their driver’s license for up to one year. (1)

Since 2010 motorists in New Jersey have been required to not only stop but to remain stopped for any pedestrian in a marked crosswalk. Current penalties for failure to do so include a fine of $200, fifteen days of community service, two points against a driver’s license and possible insurance surcharges. (2) Prior to 2010, motorists were required only to yield to pedestrians in the crosswalk. The law was changed after the death of Bayonne resident Mary Tait, who was struck by a car trying to pass a slower vehicle and several double parked trucks. (1)

Hunterdon County Route 604 – New Jersey (Photo credit: Dougtone)

After writing the article on “Drivers and Pedestrians Share Responsibility for Safe Roadways,” we learned that eight Hunterdon County communities will receive traffic warning signs as part of October’s “Hunterdon County Pedestrian Safety Month.” (1)

The signs, which will read “Stop for Pedestrians in Crosswalk,” will be on display in Califon, Clinton, Delaware (Seargentsville), East Amwell (Ringoes), Flemington, Frenchtown, Lambertville, and Milford thanks to HART Commuter Information Services. Other communities will update their existing “yield to pedestrian” signs with new decals. (1)

Pedestrians cross road in Mong Kok (Photo credit: Wikipedia)

At least one Hunterdon County town is taking a stronger stand against motorists who fail to yield to pedestrians, and this action is bringing to light the responsibilities not only of drivers but of pedestrians as well. (1) If you have been involved in a pedestrian traffic accident, contact the Hunterdon County personal injury attorneys at Ragland Law Firm.

Recently it was reported that police in the Borough of Flemington would be taking a harder look at drivers who fail to yield to pedestrians in an effort to make the Borough’s streets safer, especially for children walking to and from school. Initially police would issue warnings to remind drivers of the State law and the consequences for ignoring that law. The warnings would be followed by tickets. (1) Similar actions are being taken further south in Atlantic Highlands, NJ where police recently acquired a grant from the New Jersey Division of Highway Traffic Safety to be used for the education and enforcement of pedestrian safety measures. (2)

Professional baseball bats are typically made of ash or maple; hickory used to be popular, as well. (Photo credit: Wikipedia)

The family of a Wayne, NJ teen injured while playing baseball reached a settlement for $14.5 million in a lawsuit that questioned whether the use of metal baseball bats should be permitted in youth league games. (1) If, after reading the following, you need assistance with a similar situation, particularly in Hunterdon County, contact the personal injury lawyers at Ragland Law Firm of Lebanon.

In June 2006 Steven Domalewski, then 12 years old, was hit in the chest by a ball while pitching; the ball had been hit off of a metal bat. The ball hit Steven at the precise instant between heartbeats, sending him into cardiac arrest. Although CPR was administered quickly, Steven’s brain had been deprived of oxygen for more than 15 minutes. The incident left him brain-damaged and today, at age 18, he is still unable to perform daily functions independently. (1)

The batteries died in my speedlite and Ginger thought it was now safe to look into the camera and smile. BURN! Pop up built-in flash! (Photo credit: colorblindPICASO)

You may consider Rover a member of the family, but the NJ State Supreme Court does not, at least when it comes to awarding emotional damages. If, after reading the following, you need the assistance of a Hunterdon County lawyer with an emotional damages lawsuit, contact the personal injury attorneys at Ragland Law Firm in Lebanon, N.J.

The ruling stems from a case first reported in this blog in August 2011. The case was filed by Joyce McDougall, who, while walking her Maltese-poodle mix in a Morris Plains neighborhood, witnessed the dog being mauled to death by another, larger dog. The owner of the second dog, Charlot Lamm, admitted liability. McDougall filed a lawsuit seeking the cost of replacing her dog as well as emotional damages from witnessing the attack. (1)