Articles Posted in Injuries

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)

138-365 Retake of Daily Shoot DS132 Sidewalk Scene (Photo credit: krossbow)

Who is responsible for maintaining sidewalks in New Jersey? The answer to that question is about as gray as the concrete the sidewalks are made from, but it can be very important to anyone involved in an accident resulting from a hazardous walkway. If, after reading the following, you need assistance with a slip-and-fall accident on a faulty sidewalk, particularly in Hunterdon County, contact Victor A. Rotolo and the personal injury lawyers at Ragland Law Firm.

Essentially sidewalks are considered public areas, meaning the public has the right-of-way to access that area without being at risk of trespassing. (1) As such, there is an obligation to keep those walkways safe and in good repair. Whose responsibility that is right now depends largely on what kind of property abuts the sidewalk.

English: Barking Dog (Photo credit: Wikipedia)

You may be entitled to recover damages through a personal injury lawsuit if the injuries you have suffered are due to the negligence of others. Laws governing personal injury cases vary by state and the lawsuits themselves can be complex. The following provides some information on evaluating your personal injury case, but if you need a personal injury attorney who is experienced in such matters, contact Ragland Law Firm located in Lebanon, NJ.

Personal injuries have numerous causes: vehicular accidents of any kind (car, bus, boat, motorcycle), falls, defective products, industrial accidents, certain medical procedures including childbirth, and even dog bites. The key to distinguishing between an unfortunate accident and a personal injury case is whether or not the accident was caused by the carelessness or negligence of another party.

Schloss Rosenstein (Photo credit: Sapperlott)

Earlier this month, a $4.2 million settlement of a lawsuit against the Ramsey School District by the family of a former student who was left paralyzed as a result of a bullying incident was announced. This settlement is thought to be the largest yet in a personal injury lawsuit involving bullying. (1) If, after reading the following, you need the assistance of a Hunterdon County lawyer with a similar situation, contact the personal injury attorneys at Ragland Law Firm in Lebanon, N.J.

Back in 2006, Sawyer Rosenstein, then 12, reportedly was punched in the stomach by classmate Kenneth Major. Later that day, Rosenstein complained of back pain and, two days later, he was brought to the hospital in excruciating pain. A blood clot had formed interrupting blood flow to the spine. Despite several surgeries, Rosenstein has been left permanently paralyzed from the waist down. (2)

Fischerhude Chruch (Photo credit: Wikipedia)

A New Jersey State appeals court recently ruled that a trial judge acted too quickly when granting summary judgment to a Hudson County church involved in a slip-and-fall lawsuit, proving that where responsibility lies in such accidents is not always clear-cut. (1)

In November 2008, Fatma Mohammed fell after stepping into a dip in the sidewalk adjacent to a Jersey City church suffering soft-tissue injuries. Ms. Mohammed sued the church for failure to maintain the sidewalk. (1)

Image via Wikipedia

For equestrians, New Jersey is the place to be. According to a State website, there are more horses here per square mile than anywhere else in the nation. (1) As with any sport, however, injuries can occur and when they do, who is at fault – the owner of the horse farm or the participant? That’s the question facing a Hunterdon County court this week. If, after reading the following, you need a Hunterdon County lawyer to assist you with a similar situation, contact the personal injury attorneys at Ragland Law Firm, located in Lebanon, N.J.

On March 16, a Hunterdon County judge is scheduled to decide whether or not a lawsuit against Tir Na Nog, LLC and its owner, Margaret Donovan, should be dismissed. The suit stems from a 2002 incident in which Lindsey Ward was kicked in the face and head by a pony as it was being lead off a trailer at the farm. Ms. Ward and her parents filed suit in June 2011 against the farm, its owner and Jodi Cox, who brought the pony to the farm on the day of the incident. (2)

The Borough of High Bridge recently was released from liability in a pending lawsuit over a fall on the grounds of the Solitude House Museum thanks, at least in part, to terms of a leasing contract between the Borough and the Union Forge Heritage Association (UFHA). The Association, however, may still be liable for injuries suffered in that fall. (1) If, after reading the following, you need assistance seeking damages for injuries resulting from an accidental fall, particularly in Hunterdon County, contact the personal injury attorneys at Ragland Law Firm located in Lebanon, NJ.

In September 2009, Steven and Pamela Jones were visiting the Solitude House Museum when Steven slipped on a step hidden by fallen leaves. The couple was on their way to the Annex, a separate building on the property, when the accident occurred. In the fall, Mr. Jones fractured both wrists and suffered cuts to his face. (1)

The couple, who claims Mr. Jones continues to have limited movement and pain in his wrists, filed a lawsuit in January 2010, against the Borough of High Bridge as owner of the property, UFHA and several individuals. (1)

Severe storms, fluctuating temperatures and flooding all wreak havoc on our roadways, creating minefields of potholes for motorists and cyclists to navigate. Damages from these road hazards can range from blown tires, pricey alignment adjustments, physical injuries and, in some cases, even death. How far does the responsibility of local governments to repair these damaged roadways go? That’s a question recently addressed by the New Jersey Supreme Court.

Just this past week, the Supreme Court was considering the extent of local governments’ liability to repair potholes as it reviewed the case of Polzo v. County of Essex. The family of Mathi Kahn-Polzo brought suit against Essex County after she died from head injuries suffered when she hit a pothole while cycling with friends on a county road. (1)

The question the Court is struggling with is whether local governments are responsible only for repairing damages they have “constructive notice” of, which meets the Tort Claims Act requirement, or if their responsibilities extend further to include establishment of an inspection program to detect road damage. (1)

When the job market is as tight as it is now, few workers are willing to make waves and risk losing their employment. But should workers risk their health and safety or that of their co-workers or the public just to keep a job? There are a number of laws, both on the state and federal level, intended to keep New Jersey workers safe in the workplace and free from reprisal should they refuse to perform an unsafe job.

The Occupational Safety and Health Act (OSHA), the National Labor Relations Act (NLRA) and the Labor Management Relations Act (LMRA) are some of the laws that protect workers on the federal level. In New Jersey, workers also have the protection of the New Jersey’s Conscientious Employee Protection Act (CEPA) and the Public Employees’ Occupational Safety and Health Act. In additional, there are a number of industry-specific statutes that also aim to protect workers under certain circumstances. (1)

Perhaps the most recognized of these laws is OSHA. The Occupational Safety and Health Administration (also called OSHA) protects the employee’s right to a safe workplace by hearing complaints, performing inspections of workplaces and imposing fines on businesses found to be in violation of safety standards. (1) For example this past spring, OSHA found a West Trenton ball-bearings manufacturer guilty of 21 safety violations and fined the company $88,200. (2) Separately a New Jersey general contractor and five subcontractors were fined a total of $95,470 for 20 health and safety violations. OSHA does not, however, grant rights to employees to overtly refuse an unsafe work assignment. (3)

Reminiscent of the question which came first – the chicken or the egg, New Jersey courts recently had to deal with the dilemma of which contributed more to an Edison woman’s death – her less-than-healthy, personal lifestyle or her sedentary work conditions.

This case rose from a workers’ compensation claim filed by the widower of Cathleen Renner, a long-time employee of AT&T who died in 2007 from a pulmonary embolism. According to court reports, on the night of her death Mrs. Renner worked for more than ten hours at the computer in her home office in order to meet a pressing deadline for work. About an hour later she was dead. (1)

Mrs. Renner’s husband, James, filed a claim for death benefits under the State’s workers’ compensation law. In New Jersey, workers’ compensation insurance pays benefits to employees for illness or injury incurred in connection with their jobs. It also pays benefits to dependents of employees who die as a result of employment-related activities. (2)