New Jersey Injury Lawyers Blog

December is National Drunk and Drugged Driving Prevention Month

December 7, 2015 | The Victor Rotolo Law Firm

Each year for the past several years the National Highway Traffic & Safety Administration (NHTSA) has designated December as National Drunk & Drugged Driving Prevention Month to reinforce the message that driving while impaired by drugs or alcohol is a risk to everyone on the road. In connection with this campaign, the New Jersey Licensed Beverage Association once again will join forces with Uber in efforts to keep impaired drivers off the road this holiday season. See http://herocampaign.org/2015/11/uber-offering-free-rides-from-bars-during-holidays/ for details.

The NHTSA recognizes that strides have been made in reducing the number of alcohol-related accidents over the past several decades, but NHTSA admits more work needs to be done to stop people from driving under the influence of drugs, including marijuana and prescription medications.

Penalties for driving under the influence of drugs or alcohol vary by state. New Jersey takes these offenses seriously and imposes stiff penalties for those arrested for DUI and DWI violations. For information on these penalties, see http://www.state.nj.us/mvc/Violations/dui.htm.

Keyless Ignitions: A Convenience or A Safety Hazard?

November 23, 2015 | The Victor Rotolo Law Firm

Most new cars today come equipped with a keyless ignition feature that allows the driver to start the car without ever taking the key from his or her pocket or purse – they simply push a button. While many drivers quickly grow to appreciate this new convenience, some claim keyless ignition systems are defective and pose a potential deadly hazard.

Class action lawsuits have been filed against car manufacturers alleging that the keyless ignition feature makes it too easy for drivers to unintentionally leave their cars running. When this happens in an enclosed garage, carbon monoxide fumes can build up and potentially enter the attached homes threatening the safety of the home’s occupants.

An article appearing recently on www.nbcnewyork.com titled, “I-Team: Class Action Lawsuits Expose Potential Dangers of Keyless Ignitions,” details one case of carbon monoxide poisoning claimed to be connected with the keyless ignition issue and discusses the class action lawsuits car makers are now facing.

Are Stricter Safety Regulations Required for Zip Lines?

November 9, 2015 | The Victor Rotolo Law Firm

Zip lines can be found almost everywhere these days – vacation resorts, summer camps, even schools, farms and backyards vying to attract the adventurous. However, as the popularity of this activity grows, so does the number of related injuries according to a recent study published in the American Journal of Emergency Medicine.

The study looked at zip line activity between 1997 and 2012 during which time almost 17,000 zip line-related injuries, including cuts, sprains and broken bones, were reported. The majority of these injuries occurred between 2009 and 2012 at commercial zip line courses; so-called “amateur” zip lines accounted for only about 30% of the reported injuries. Currently, there are more than 200 commercial zip lines in this country; while amateur zip lines number in the thousands.

A recent Associated Press (AP) report titled, “Zip line popularity soars along with injuries, study says,” noted that this study indicates the need for more uniformed safety standards and regulations of the zip line industry. Currently regulations essentially are self-imposed and vary by state. In New Jersey operators are required to obtain a permit before operating a zip line; however, State inspectors perform “paper only” inspections, which involve reviewing the engineering plans, operations manual, and inspection and training records. Zip line operators are, however, required to hire an independent inspector for a hands-on inspection of their equipment, according to the National Association of Amusement Ride Safety Officials.

Halloween Injuries: Accessories That Put the Scare in Halloween

October 26, 2015 | The Victor Rotolo Law Firm

Halloween is just around the corner and if you want a real scare, consider the following statistics:

Halloween ranks among the top three holidays in terms of injuries and / or fatalities. The other two most dangerous holidays are July 4^th(fireworks) and New Year’s Eve (drunk driving).
In the 20-year period from 1990 to 2010, the number of fatal accidents involving child pedestrians on Halloween averaged 5.5 each year, compared with 2.6 for other days.

Could the Turf Your Children Play on Be Causing Them Harm?

October 12, 2015 | The Victor Rotolo Law Firm

Artificial turf as an alternative to natural grass has been growing in popularity, especially in athletic field applications. Durability and low maintenance costs are among the benefits often cited. And now, new manufacturing technologies have yielded a surface designed to be even softer and more yielding to help prevent injuries. However, the safety of long-term exposure to this new surface has come into question.

Recent reports suggest the possibility of a link between student athletes who play on artificial fields made from crumb rubber and those who have been stricken with cancer. Those numbers have increased over the past several years, raising the concern of parents, coaches and even doctors. See the NBCNews article, “Mom of Goalie Who Died of Cancer Wants Answers on Artificial Turf.”

Crumb rubber turf is made from recycled tires which, themselves, contain carcinogenic materials. This has led to the question of whether or not playing on artificial surfaces made from this material is increasing our children’s risk of cancer.

Parents Urged to Anchor Heavy Furniture to Prevent Injury to Children

September 28, 2015 | The Victor Rotolo Law Firm

Ikea, the giant Swedish furniture company, joined the U.S. Consumer Products Safety Commission (CPSC) in warning parents of the need to anchor heavy furniture to the walls in order to prevent the furniture from accidentally tipping over and causing injuries, particularly to young children. The CPSC contends that such accidents can be prevented by simply anchoring the furniture to a wall.

Last year, two toddlers in the U.S. reportedly died in separate incidents involving chests of drawers sold by Ikea. In response, the furniture company joined the CPSC in its warning to parents and offered free wall-anchoring kits to consumers who purchased the MALM chests from its stores. For details, the www.today.com story, “Ikea urges anchoring its dressers and drawers to the wall to protect children.”

Establishing Legal Limits for Driving Under the Influence of Marijuana

September 14, 2015 | The Victor Rotolo Law Firm

Drivers know that it is illegal to drive under the influence (DUI) or to drive while intoxicated (DWI) no matter where in this country they are travelling. In New Jersey, as in most states, the legal limit is a blood alcohol concentration of 0.08. Driving with a blood alcohol concentration higher than that can lead to serious penalties. These stiff penalties, coupled with anti-drunk driving campaigns, seem to have had a positive impact; in fact, recent data shows that drunk driving is on the decline in the U.S. Unfortunately, the opposite seems to be true for driving under the influence of marijuana.

The National Highway Traffic Safety Administration recently released results of a survey of drivers travelling on weekend nights. The survey showed that while 8.3% of the drivers questioned had some traces of alcohol in their system, 12.6% were positive for THC, up from 8.6% in 2007. THC is the primary ingredient in marijuana. In light of this trend, researchers now are considering whether or not a legal limit for marijuana use, much like the legal limit for alcohol consumption, can be established and, if so, how. Details of this research conducted by the National Institute on Drug Abuse can be found in the Time magazine article, “How Much Does Marijuana Impact Your Driving?”

Top State Court Rules Homeowners’ Associations Can Be Held Responsible for Clearing Walkways

August 31, 2015 | The Victor Rotolo Law Firm

While State law may be clear in regards to who is responsible for maintaining commercial property to prevent pedestrians from suffering injuries in slip and fall accidents, responsibility for maintenance is a little gray when it comes to residential properties. But a recent State Supreme Court ruling sheds some light on this issue at least as it pertains to condominium developments.

Last month the Court reversed a lower court ruling by unanimously agreeing that a condominium’s homeowners’ association could be named in a lawsuit filed by a pedestrian who suffered injuries when she slipped and fell on an icy sidewalk in an adult residential community. Earlier a trial court had ruled that the homeowners’ association was immune from such a suit. Although an appellate court upheld that ruling, the Supreme Court disagreed, observing that the development’s own bylaws stated the association was responsible for seeing to the removal of snow and ice from the common walkways. For further details on this decision, see Samantha Marcus’ www.nj.com article, “You can sue condo association for slipping on its sidewalk, NJ Supreme Court rules.”

Congress Considers Requiring Companies to Publicly Disclose Asbestos Use

August 17, 2015 | The Victor Rotolo Law Firm

A recent study disclosed that New Jersey ranks eighth in the nation for asbestos-related deaths, with a rate of 7.2 deaths per 100,000 people compared to a national rate of 4.9 deaths per 100,000 people. This information comes as little surprise considering some of the largest asbestos products manufacturers are located here: Johns Manville and Honeywell International.

Asbestos was commonly used in the manufacturing of certain commercial products, including insulation, drywall and plaster. The toxicity of asbestos was first reported about 50 years ago. While many people believe asbestos has since been banned, it hasn’t. Now there is a bill in Congress that if passed would require companies to publicly disclose, through annual reports and a searchable database, any products that are made from asbestos. For details, read Susan K. Livio’s article on www.nj.com entitled “N.J. home to 8th highest number of asbestos-related deaths.”

Toyota Recalls Its Prius Hybrids Over Software Issues

August 3, 2015 | The Victor Rotolo Law Firm

Hybrid cars may be safer for the environment, but they aren’t immune to defects. In fact, Toyota recently issued a worldwide recall that is expected to affect over 600,000 Prius hybrid models, which can unexpectedly stall due to software settings that could cause the cars to overheat. See the Associated Press article on www.nj1015.com, titled “Toyota recalls 625,000 hybrids worldwide.”

Usually if you purchased your vehicle new and it is recalled, you will be notified by mail. If you purchased the vehicle used or if you don’t receive the recall notification for some other reason, what should you do to make sure your vehicle is not the subject of any safety issues? Tara Baukus Mello details the steps you should take in the event of a vehicle recall in an article titled “What to do if your car is recalled” appearing on www.bankrate.com.