Injury Law

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Studies have shown that approximately 20 million Americans use, or have used, an e-cigarette. This particular worldwide industry is estimated to be worth over $3 billion annually, and some estimates project that the industry will be worth over $10 billion by 2017. Furthermore, the e-cigarette industry advertises their product as a “safe” alternative to actual…

Even though autumn is upon us, the ongoing pleasant weather often allows us to continue to have parties, picnics and carnivals outdoors for at least another few weeks until the temperature drops. While these events are typically fun and enjoyable, it is important to note that accidents can happen at such events, and sometimes the consequences are quite serious.

In one such recent accident, a man was attending his wife’s company picnic in New Jersey. The company holding the picnic had rented a Eurobungy bungee-trampoline device for the event. The device consists of a trampoline base and a harness with bungee cords on each side, which are attached to poles extending from the trampoline’s base. A user is strapped into the harness, hoisted into the air, and encouraged to jump on the trampoline while holding onto the bungee cords. From there, the operator of the device can control how high the user is lifted into the air.

While the rider was descending from a jump, the operator began lifting him again before his feet had a chance to touch down on the trampoline. As a result, the rider’s left arm took the full force of his descent. The man immediately felt severe pain in the arm and was diagnosed with a hyperextension injury and a rupture of the distal biceps tendon, which required surgery to repair. He then had physical therapy and incurred about $8,500 in medical expenses. He continues to suffer from pain, weakness and a reduced range of motion in the arm. He also has two large scars on the arm from the surgery.

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Continue Reading Be Aware of Potential Hazards at Outdoor Parties & Events

Many people know who Ralph Nader is as a political activist, but few would know that he recently opened a Tort Museum in Connecticut. “Tort law” is a legal phrase that gets tossed around a lot, but not many people understand what it truly entails. Tort law is the part of our judicial system that governs claims for wrongdoing, whether the wrongdoing is something done by a corporation or an individual. If you are injured by the acts or omissions of big business, or by the negligent driver of a car that ran into you, you have the right to participate in tort law by filing a law suit in the appropriate court.

This summer, Mr. Nader opened a museum in Winsted, Connecticut to address the history of tort law and the important cases where consumers have been helped by someone filing a law suit against “big business.” Recently, he participated in an interview where he stated that the judicial system in the United States is the only part of our government where one individual acting on their own can change the way business is done.

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Continue Reading Tort Law and the Judicial System

The New Jersey courts, like the court in South Dakota, tend to focus on whether horseplay constitutes a major deviation from work when assessing compensability of injuries. In Trotter v. City of Monmouth, 144 N.J. Super. 430 (App. Div.), certif. denied, 73 N.J. 42 (1976) the Appellate Division addressed the issue of major…

Fast food restaurants are an American staple. Drive down any major highway in the US and you’re bound to see a sign or advertisement for some fast food chain’s restaurant. Although these restaurants can provide tasty meals at an affordable price, they have also been the subject of many personal injury lawsuits over the years. The McDonald’s “hot coffee” lawsuit is one case that many people think of when the topic of fast food restaurant lawsuits comes up. What many don’t realize, though, is that fast food restaurants have been the subject of personal injury lawsuits for other reasons. For example, these restaurants’ floors are often made of tile, which can create dangerous slip hazards to customers.

In one recent case, a woman and her family went to eat at a local hamburger restaurant. As she was walking back from the bathroom, she slipped and fell on grease that was on the floor. She was diagnosed with a back sprain and a contusion to her left elbow. Unfortunately, despite physical therapy, she developed severe, persistent elbow pain. She was later diagnosed with complex regional pain syndrome, a chronic permanent condition that caused her to suffer electric-shock-like pain, swelling, and burning to her arm. Her past medical expenses totaled about $36,000, and her future medical expenses are estimated to be about $359,400.

She attempted to return to her job, but was unable to remain on a reduced schedule and instead went on temporary disability. Her past lost earnings totaled about $94,600, and her future economic loss is estimated around $1.71 million.

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Continue Reading Pedestrian Pitfalls and Other Dangers for the Unwary

The Supreme Court of South Dakota recently found a case involving an employee who was injured while engaging in “horseplay” with a coworker, while at work, to be a compensable. Petrik v. JJ Concrete, Inc., 2015 S.D. 39 (June 3, 2015), involved concrete laborers who had idle time during their work day while they waited for concrete trucks to arrive or for other work to be completed before they could continue their own. Petrik testified at trial that during these lulls in work, he and others often played jokes and tricks on each other.

On this particular day, Petrik and others had completed their work and were waiting for a concrete truck to arrive. It was a hot day and some of them sat in one of the employer’s air-conditioned trucks. Petrik wanted to sit in the truck to cool off, so he told a co-worker that one of the workers on the far side of the work site needed to talk to him. When the co-worker left the truck, Petrik took his seat inside the cool cabin. After a while, he got out and saw his co-worker coming back. Petrik started to run and the co-worker pursued him. During the short chase, Petrik attempted to jump a five-foot wide trench and landed awkwardly and broke his ankle.

Petrik filed a workers’ compensation claim, but this was promptly denied by his employer and insurer, on the basis that his injury did not arise out of and in the course of his employment.  Additionally, his employer prohibited horseplay by employees during work hours. The Department of Labor found that Petrik’s injury arose out of the course of employment, but did not occur in the course of that employment. The circuit court affirmed.

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Continue Reading Horseplay during a Lull in the Workday Found Compensable

Effective September 1, 2015, new child passenger safety laws will go into effect in New Jersey.  These new laws were designed with enhanced safety in mind – specifically on improving protections for young children riding in cars.  So what are these new rules?

  1. Every child under 2 years old and weighing less than 30 lbs. must be secured in the back seat of a vehicle in a rear-facing car seat with a five-point harness.
  2. Every child under 4 years old and weighing under 40 lbs. must be secured in the back seat of a vehicle in a rear-facing car seat with a five-point harness until the child grows larger than the height and weight standards set by the manufacturer.
  3. After a child outgrows the manufacturer’s height and weight standards, the child may begin sitting in a front facing child seat with a five-point harness.
  4. Every child under 8 years old and less than 57 inches in height must be secured in a rear-facing or forward-facing child seat with a five-point harness or a belt-positioning booster seat.
  5. Any child older than 8 years old or taller than 57 inches in height must be properly secured by a regular adult seat belt.

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Continue Reading New Jersey’s New Child Passenger Safety Laws: What Parents Need to Know