Colorado’s measure does not make any changes to its driving-under-the-influence laws.  As a result, lawmakers and police are worried about the measure’s effect on road safety.  Washington’s law does change DUI provisions by setting a new blood-test limit for marijuana.  Police are training to enforce the limit, and some lawyers are preparing to challenge the limit.  Marijuana legalization activists agree that people should not smoke pot and drive, but setting a standard of intoxication similar to blood-alcohol limits has created significant outcry and disagreement. 

In a future blog post, I will discuss why this particular issue has become so divisive.

Always remember to wear your seat belt and don’t drink and drive, and don’t use drugs and drive.  You could injure or kill yourself or someone else.  If you are under the influence of drugs or alcohol ask a trusted friend or family member to give you a ride or call a cab.   

Have you been injured by someone who was driving while under the influence of marijuana or other drugs?  Or do you know someone who has been hurt by a drunk or high driver?  If so, call me to discuss your situation or tell your friend or family member to call me.  Both the call and consultation are free.  I practice soley in the are of personal injury, so you can be assured that I have the knowledge and experience to help you.

I have heard of many cases where pedestrians have been severely injured by hazards in public walkways and stairways because the areas were darkened due to a light that did not turn on in the morning at the proper time.  If the lights had just been adjusted to compensate for the extra hour of darkness in the morning as a result of the time change, many of these unfortunate incidents would not have happened.  The same holds true for when daylight savings time ends.  At that time, outdoor lighting should be adjusted to compensate for the extra hour of darkness in the late afternoon.  You should regularly inspect your property during daylight hours and nighttime hours to look for anything that could be hazardous to pedestrians.  The nighttime inspections are important to determine whether outside and perimeter lights are working properly and also to determine whether there are any hazards that would not be uncovered during a daylight inspection of the premises.  With regard to these inspections, it is always better to be safe than sorry.  The extra effort involved in making sure your outside area is safe for pedestrians is well worth it, especially if it prevents someone from getting injured at the property.  

If you or someone you know has been injured as a result of a dangerous condition due to faulty outdoor lighting at someone’s property, give us a call right away.  We can help you if you are hurt as a result of someone else’s negligence.

Stephen Di Stefano is an attorney in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Di Stefano.

Also keep in mind that flying ice or snow can cause a car accident, resulting in injury or death to anyone on the roadway. If you cause an accident and injure or kill someone, you could be sued and your assets could be at risk. So be safe and remove all ice and snow off of your car every single time before you drive. It could be the difference between causing an accident and getting home safely. If you or someone you know has been injured in an accident as a result of snow or ice that became dislodged from a vehicle on the roadway, contact me. I am here to help you, and, as always, any consultation with me is free of charge.

 Lastly, the State’s Division of Highway Traffic Safety offers some winter driving tips, which are worth repeating here. Read them over, and always remember to drive safely and follow all motor vehicle laws. The State’s winter driving tips are:

• Drive slow (at or below the posted speed limit) and adjust your speed for the changing road conditions.
• Turn on your headlights, using low beams when traveling in snow.
• Increase your following distance. In winter weather, travel at least eight to 10 seconds behind the car in front of you.
• Give snowplows plenty of room to work. Don't tailgate and try not to pass. If you must pass, take extreme caution in doing so. Remember, a snowplow operator's field of vision is restricted. You may see him, but they don't always see you.
• If you skid, don't brake or accelerate. Remove your foot from the gas, and gently steer your car in the direction of the skid (the direction the rear of your vehicle is sliding.) When your car starts heading in the desired direction, carefully straighten the wheel.
• Slow down before exiting the highway. Exit ramps often have icy patches, sharp curves and stalled or stopped vehicles.
• Have a personal safety kit easily accessible in your vehicle that includes: an ice scraper/brush; shovel; jumper cables or battery starter; blanket; sand, salt or kitty litter for traction; lock de-icer; flashlight and new batteries; extra windshield wiper fluid; safety flares/warning device; cell phone with spare battery; water and non-perishable food (i.e., granola or protein bars); and paper towels or a cloth.
• If your vehicle does become disabled, pull off the road as far as possible and turn on your emergency flashers. Remain with your vehicle until help arrives. If you can't get your vehicle off the road and are uncertain about your safety, do not stay in your vehicle or stand behind it. Proceed carefully to a safe location away from traffic.

Stephen Di Stefano is an attorney in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Di Stefano.

The exact cause of the train derailment and the effects of it remain under investigation. During a recent information session for the community, some local residents have criticized state and federal authorities for not providing timely information concerning this hazardous materials incident. The most common questions from residents have concerned air monitoring, environmental information, the type of long-term effects the vinyl chloride would have on the community, community assistance, and community protection. Several residents went to hospitals on November 30th for health complaints related to the inhalation of vapors from the hazardous and potentially-lethal materials, chemicals, and vapors that leaked from the ruptured tankers on the train. As a lifelong resident of Gloucester County (and specifically an area that is in close proximity to the site of the derailment), I take these health and environmental issues seriously. If you or anyone you know has been harmed or injured as a result of the effects of this train derailment, contact me to discuss your situation. I am hopeful that no one will have to call me, but if the need arises, I am here to help.

Stephen Di Stefano is an attorney in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Di Stefano.

Before turning your keys over to someone else, if you ask questions and place limitations on the driver you are essentially limiting your liability. For example, make sure he or she has a license to operate a vehicle, ask about his or her driving history, make sure he or she is not under the influence of drugs, alcohol or medication. Also, let the driver know that he or she is not permitted to operate your vehicle under the influence of any substance that could impair his or her ability to drive and that he or she should not turn your vehicle over to anyone else.

Although these things may seem logical, if you are proactive and do not assume the answers you are limiting your potential liability. Responsibility for someone else’s negligence may pass to you if you allow a person to operate your vehicle that you knew or should have known would pose a danger to others on the roadway.

Deborah Dunn is an Associate in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Ms. Dunn.

A person shall:

(a) Be guilty of a crime of the fourth degree if the person knowingly or purposely:

When making a claim for Workers’ Compensation benefits, makes a false or misleading statement, representation or submission concerning any material fact;

(b) Any person who violates the above shall be civilly liable to any person injured by the above violation.

(c) (1) If a person knowingly or purposely violates this statute the Workers’ Compensation Division may order immediate termination or denial of benefits, and forfeiture of any future benefits/rights.

(2) If a violation is found, the person has to pay back the benefits received plus simple interest.

(d) Nothing in this section shall preclude indictment and conviction for a violation of Title 2C of the NJ Statutes.

For example, an injured worker makes a claim for treatment for a cervical spine injury that happened at work in 2012. The Employer’s attorney discovered a prior cervical MRI from 2002 that showed a C5- 6 disc herniation and used that to stop paying benefits, and filed a counter- motion to relieve the employer of any responsibility under the above Fraud Statute. The injured worker told all treating physicians that he had a prior 2002 biking injury, however he stated to all physicians, that the prior injury was to his right shoulder. He did not reveal the fact that he had a cervical MRI in 2002 to any current physician. He also did not recall being told by any prior physicians that he had any significant cervical injury, and felt that he had only injured his right shoulder in the 2002 biking accident.

The issue is whether the workers’s failure to reveal the prior 2002 cervical MRI to the treating physicians for his 2012 injury was a knowingly or purposely made false or misleading statement to obtain workers compensation benefits. I would argue that the failure to reveal the prior MRI was not fraudulent in any way. Dr Grey, the treating doctor from the 2012 accident states in his report the he spoke with him (the worker) about the previous cervical MRI findings, and he was surprised to learn that he had experienced a previous disc herniation at the same level where he was operated on. He is adamant that his prior treating doctor in 2002 never advised him of any neck concerns, and there is no reason in any of the records which I have been provided to disbelieve the patient in that regard.”

It is clear that the injured worker told all treating doctors about his prior 2002 shoulder injury. He did not specifically mention a cervical injury because in his mind he injured and had surgery to his right shoulder, not his neck. It is reasonable to assume that 10 years after a prior injury, a worker would not remember he had a cervical MRI, when he did not get any treatment for his neck and had no complaints for his neck. It is also likely the Employer would never be able to prove that this worker made a false or misleading statement because the standard of proof for 34:15-57.4 (a), which involves a crime of the fourth degree, requires proof beyond a reasonable doubt. That type of proof would never be possible in this case.

Please call Stark and Stark’s workers’ compensation department for all of your workers’ compensation questions.

Marci Hill Jordan is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Workers’ Compensation Law. For more information, please contact Ms. Jordan.

A bar’s liability extends not only to injuries resulting from a motor vehicle accident, but also to injuries resulting from known dangers in the face of inadequate warnings or protections. For example, a bar may be liable for injuries sustained by a person legally on the property by way of an assault, if it is shown that the assault was a known danger and the bar provided inadequate security despite the danger.

If you sustained an injury from an assault at a bar, please contact us immediately.

Deborah Dunn is an Associate in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Ms. Dunn.

The plaintiff in the matter was a twelve-year old girl who was bitten by a dog and filed a lawsuit as a result of the injuries suffered from the bite. The Ohio-based firm allegedly hired an investigator who posed as one of the plaintiff’s friends on Facebook The private investigator posed as one of the plaintiff’s friends by illegitimately obtaining the individual’s Facebook login user name and password. Without authorization, the investigator further posed as the “friend” on Facebook to gain access to the plaintiff’s Facebook page. 

By posing as the plaintiff’s friend, the investigator obtained all of the plaintiff’s private information and posted messages and pictures. This conduct resulted in a separate lawsuit filed against the defense lawyer, its investigator and the insurance company. If the allegations are true, numerous ethical violations may have occurred.

While this case shows the extremes that may be taken using social media to obtain information about a plaintiff, one must always be careful about what information to post when using social media.

Michael Donahue is a Shareholder and in the firm's Lawrenceville, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Donahue.

Most recreational activities and sports have their own protective clothing and equipment. Motorcycle riding is no different. Every rider and passenger should wear sturdy over the ankle footwear with non-slip soles, long pants, a good jacket, full fingered gloves and, above all, a helmet manufactured to meet Department of Transportation (DOT) standards with proper eye protection.

Deborah Dunn is an Associate in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Ms. Dunn.

When a company files for bankruptcy, it limits the ability of the consumer to bring a lawsuit against the company. If you believe that you have a claim against Suzuki for any reason, it is important that you consult a lawyer immediately.

Michael Donahue is a Shareholder and in the firm's Lawrenceville, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Donahue.

In order to protect yourself, always wear appropriate footwear and try to avoid areas where there is a buildup of snow or ice. However, if you have the misfortune of being involved in an accident while working, there are steps that you should take to protect yourself. First, you should immediately report the incident to your employer. If the accident is a motor vehicle crash, you should call the police. If you suffer from a slip and fall accident, you should also report it to someone on site, whether it is a security guard, homeowner or office worker. If you are able, take pictures of the condition that caused you to fall.

While fault does not come in to play in workers’ compensation, you may also have a claim against the property owner who is responsible for maintaining his property. Any photos you have will show the condition as it existed when you fell, not in the hours or days afterward.

Finally, you should seek medical attention. Even if you do not have any obvious injuries, it is always a good idea to be evaluated at an emergency room or by your family doctor. What may seem insignificant in the immediate after math may be a serious injury.

As always, we are available to answer any questions or concerns you have following a work accident. Our consultations are always free. We look forward to being of assistance to you and your family, friends, and neighbors.

Vicki Beyer is a Shareholder in Stark & Stark’s Lawrenceville, New Jersey office, concentrating in Workers' Compensation Law. For more information, please contact Ms. Beyer.

It is important when you are involved in a matter involving a bus that you consult with a lawyer who is experienced in handling these matters.  Here at Stark & Stark, we frequently deal with bus crash cases and our team of lawyers and experts stand ready to help you if you are unfortunately the victim of one of these terrible crashes.

Michael Donahue is a Shareholder and in the firm's Lawrenceville, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Donahue.

While both the national and state electrical code (hereinafter “NEC”) require that the electrical contractor be licensed, that does not always mean that the person who holds the license is the same person who will be doing the actual installation of the temporary service on site, so it is difficult for the general contractor to insure that the temporary electrical, when installed, complies with the code.

Right after the concrete slab is poured that forms the “foot print” of the building,  the electrical contractor puts up a temporary utility pole in close proximity to where the plans show the entrance will be. Then the electrical contractor runs a high voltage temporary power line into the building to a temporary electrical panel.

When the electrical panel is “powered up,” the municipal code official comes out and inspects the service, which includes the temporary electrical panel.

When the subcontractors come onto the site to do their work, they bring one-hundred long electrical cords and plug them into the electrical panel. The cords come in different colors so that the trades know which cord is theirs, so as not to pull out someone else’s cord and interrupt their work.

Often times, five or more trades are working in the same general area, all using power hand tools using long extension cords all plugged into the panel running across the floor. This situation creates a tripping hazard on site. To prevent this, OSHA requires that the cords be “bundled” together and moved out if the isle way.

Another hazard is created if the cords run too close to sharp objects such as steel beams or plumbing. This hazard is created because the contractor has not read, or does not understand how to read the plans and specifications showing where the steel beams or plumbing are placed. Yet another hazard can also result because the general contractor has not insured that the electrical contractor has not placed the temporary electrical line or panel where it was designed to be according to the plans.

Unfortunately, I have handled several cases wherein a worker has been seriously injured while just walking the site, but trips on a loose electrical cord, and also cases where a worker is holding a piece of metal, or a power tool, in his hands, and inadvertently comes into contact with a “live wire” which either had not been de-energized, or had been erroneously strung too close to the designated aisle way.

In order to protect yourself, make sure that you identify the code inspector’s inspection certificate and make sure you know the color codes for the power line and extension cords, which carry high “wattage” or “voltage” electricity. Be alert to be alive.

Eric Ludwig is a Shareholder in Stark & Stark’s Lawrenceville, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Ludwig.

The Bill is wide ranging in scope covering both paid and volunteer police and firemen, state police, first aide and rescue, nurses, medical technician, correctional facility employees and other medical personnel. It would require clear and convincing proof that conditions such as exposure to hazardous chemicals or known carcinogens or pathogens are not related to the employment in order to relieve the employer of responsibility for these conditions.

Specifically for firefighters there would be a presumption to that a firefighter who was on the job five or more years who develops cancer, would be eligible for workers’ compensation benefits. Given the growing evidence that firefighters risk exposure to known carcinogens, this Bill represents a welcome recognition of those risks. It would also ensure that public safety workers and medical personnel who receive small pox or other vaccinations voluntarily in response to an actual or threatened bioterrorism or epidemic would be covered for any illness caused by those vaccinations. Passage of this legislation places New Jersey among 24 other states that grants firefighters a presumption in the event that they contract cancer.

Arthur Kravitz is a Shareholder in Stark & Stark’s Lawrenceville, New Jersey office, concentrating in Workers’ Compensation Law. For more information, please contact Mr. Kravitz.

J. Robert Bratman is a Shareholder and member of Stark & Stark's Lawrenceville, New Jersey office, concentrating in Accident & Personal Injury Law.  For more information, please contact Mr. Bratman.

Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Foster.

Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Foster.

Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Foster.

Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Foster.