New Jersey Injury Lawyers Blog

Water parks, those adventure parks that feature waterslides and wave pools, are gaining in popularity as summertime attractions. According to the World Waterpark Association, about 85 million people attended water parks in 2015, up from about 73 million a decade earlier. While these parks offer fun and exciting ways for children and adults alike to beat the heat, they also present a risk for injury.

A recent tragedy that resulted in the death of a 10-year-old boy at a Kansas City, KS, water park serves as a reminder that accidents can and do happen. The U.S. Consumer Product Safety Commission estimates that over 4,200 people are treated at emergency rooms each year for injuries sustained on waterslides; that doesn’t take into consideration other water park-related injuries or near drownings. To find out more about the potential dangers of water parks and the steps being taken to improve their safety, read “Safety issues, statistics about water parks in the US.”

A New Jersey appellate court recently ruled that a lawsuit brought against Sky Zone Trampoline Park by a family whose son was injured while engaged in an activity at the park can proceed despite the fact that the family had signed a waiver prior to the start of the activity.

Waivers of this type are common with commercially-run activities that are subject to potential injury. These waivers seek to preclude participants from holding the operating company responsible for any injuries incurred in the normal course of the activity in question.

When this particular case first went to trial, the trial court ruled that the dispute had to be brought to arbitration as stated in the waiver. The appellate court, however, ruled that the arbitration clause was unclear, thus paving the way for the case to be brought to trial. To learn more, read “Family can sue trampoline park for son’s injury, court says.”

When you think of Americana, some things readily come to mind – patriotism, baseball, apple pie and fireworks on the Fourth of July to name a few. While these pyrotechnics have become almost synonymous with our Independence Day celebration, they can result in serious injury, especially when handled by the inexperienced.

According to the Consumer Product Safety Commission, fireworks-related injuries bring an average of 230 people to the emergency room each day during the month surrounding the July 4^th holiday. On top of that, possession and use of fireworks without the proper permits are illegal in New Jersey. Violating these laws carry maximum penalties of up to 18 months in jail and $10,000 in fines (see “NJ cops on the lookout for illegal fireworks”).

A trip to the department store ended tragically for one New Jersey youngster who was injured when her foot became caught in the store’s escalator. Now, three years and multiple surgeries later, a settlement has been reached in a lawsuit brought against the store by the young girl’s family.

According to reports, Macy’s Inc. settled a $15 million lawsuit brought against it by a Bergenfield, NJ family for injuries suffered by their then 10-year-old daughter whose foot became stuck as she was riding the store’s escalator. The girl endured 22 surgeries and years of rehabilitative physical therapy as a result of the injuries. Thyssen Krupp Elevator Corporation, the company responsible for maintaining the departments store’s escalators, was also named in the lawsuit. For more details, see “N.J. girl whose foot was caught in Macy’s escalator gets $15M settlement.”

Manufacturing giant, Johnson & Johnson has lost another lawsuit – the second in three months – over the safety of one of its most popular products, baby powder.

According to recent reports, the New Jersey-based company was named in a lawsuit filed by a woman from North Dakota who claimed she developed ovarian cancer after having used the company’s talcum powder for years. After deliberating for eight hours, a jury awarded the woman $55 million. A second lawsuit filed earlier this year with similar claims resulted in a $72 million judgement against the company.

A spokeswoman for Johnson & Johnson, which plans to appeal the latest court ruling, has stated that these judgements contradict studies conducted by medical professionals over the last 30 years that have supported the safety of the company’s products. To learn more, read “St. Louis jury awards $55M in Johnson & Johnson cancer suit.”