Machine Accidents

Machine Accidents

Recovery for Injuries caused by Dangerous Products
No one plans on being injured in an accident, whether it is a fall down, defective product or other injury caused by negligence. Speak with a personal injury attorney immediately to retain all your rights. Businesses are responsible for the maintenance of their premises. It is the duty of the site manager to inspect and keep the property in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to workers and persons lawfully thereon. The manufacturers of defective products also could be liable for serious injuries.
If there is negligence, the careless party could be liable for the injuries caused. In the Event You or a Member of Your Family Suffers Serious Injury Due to the Negligence of Others... Know Your Rights
TIME LIMITATIONS: New Jersey law requires a victim to bring a claim for negligence within a specific time period, or legal action is barred forever. It is also critical to document and preserve important evidence related to a potential claim as soon as possible. An attorney can offer advice to ensure that your rights will not be jeopardized by the passage of time.
If an insurance adjuster asks you to sign a release or other legal document, and/or attempts to obtain a recorded statement in person or by telephone, and/or offers you legal advice or discourages you from speaking with a lawyer, BE CAUTIOUS! Insurance adjusters are not permitted to engage in the unauthorized practice of law. An injury attorney will offer advice that protects you, not the insurance company. It is the duty of the owner to properly and adequately inspect, maintain and keep the premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as an employee or business invitee in the exercise of due care on your part. If severely injured, and the negligence was of someone other than your employer, you can retain an attorney to file a lawsuit for damages, together with costs of suit. Injured people in lawsuits can demand trial by jury.
If injured, contact Kenneth Vercammen & Associates before the statute of limitations expires.

Lost Wages in a Personal Injury Case

Lost Wages in a Personal Injury Case

Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Serious Injury.
Lost wages in a Personal Injury caseBy Kenneth Vercammen, Esq.
Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc.
After you return to work, have your employer fill out and sign the following form dealing with wage losses.
Employer Wage authorization You are hereby requested and authorized to furnish to the Law Office of Kenneth Vercammen and Associates, PC, whose address is: 2053 Woodbridge Avenue, Edison, New Jersey 08817, the information requested below, concerning my loss of wages or earnings as a result of injuries received in an accident on __________________________.
__________________________________ Employee
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1. When did employment start? __________________
2. What is the nature of employee's work? ______________
3. What is the average number of working days per week? __________
4. How much time did employee lose from work following the accident date? ______________________ (Set out inclusive dates and/or total hours absent.) Total number of hours or days lost ___________
5. How much money (gross and net) did employee lose due to this absence? _____________ Did the employee lose any overtime he/she may usually have earned? _____________
6. What was employee's regular pay rate? Answer only one: (a) Hourly and hours worked per day; _____________ (b) Weekly gross and net pay; _____________ (c) Semi-monthly gross and net pay; _____________ or (d) Monthly gross and net pay. _____________
7. How much, if any, of employee's sick leave or vacation time was used due to this absence? _____________
8. If any wages or earnings were paid to employee for period during which he/she was out: (a) how much was paid? (total) ________________________ (b) for what period? _________________________________ (c) nature of payment _________________________________
9. Date stopped work _____________________ 20 _________
10. Date returned to work ______________________ 20 _________ 11. Where any other benefits lost, forfeited or used, such as vacation time, sick leave, seniority rights, etc. ___________________________
12. Was employee reimbursed by NJ State Temporary Disability benefits or private insurance for lost wages.
It would be most appreciated if you would respond on your own business stationery. Many thanks for your assistance in this regard.
Date of reply: _______________, 20 ______ ____________________________ Title Name of company ____________________________ COMPLETE AND RETURN WITHIN 20 DAYS

Loss of Limbs

Loss of Limbs

Amputation is the removal of a body extremity by trauma or surgery. As a surgical measure, it is used to control pain or a disease process in the affected limb, such as malignancy or gangrene. In some cases, it is carried out on individuals as a preventative surgery for such problems. A special case is the congenital amputation, a congenital disorder, where foetal limbs have been cut off by constrictive bands. In some countries, amputation of the hands or feet was or is used as a form of punishment for criminals. Amputation has also been used as a tactic in war and acts of terrorism. In some cultures and religions, minor amputations or mutilations are considered a ritual accomplishment. Unlike many non-mammalian animals, (such as lizards which shed their tails), once removed, human extremities do not grow back. A transplant or a prosthesis are the only options for recovering the loss. See http://en.wikipedia.org/wiki/Amputation
Medical Malpractice cases are complicated matters. If your have been seriously and permanently injured as a result of negligence, consult a personal injury attorney. If an injury case is not the type we can handle, we will try to refer you to another competent trial attorney. The following legal information is used in Medical malpractice trials in New Jersey:
Duty and Negligence
Negligence is conduct which deviates from a standard of care required by law for the protection of persons from harm. Negligence may result from the performance of an act or the failure to act. The determination of whether a defendant was negligent requires a comparison of the defendant's conduct against a standard of care. If the defendant's conduct is found to have fallen below an accepted standard of care, then he or she was negligent.
Common Knowledge May Furnish Standard of Care
Negligence is the failure to comply with the standard of care to protect a person from harm. Negligence in a doctor's medical practice, which is called malpractice, is the doctor's failure to comply with the standard of care in the care and treatment of his/her patient. Usually it is necessary to establish the standard of care by expert testimony, that is, by testimony of persons who are qualified by their training, study and experience to give their opinions on subjects not generally understood by persons, such as jurors, who lack such special training or experience. In the usual case the standard of care by which to judge the defendant's conduct cannot be determined by the jury without the assistance of expert medical testimony.
However, in some cases, such as the case at hand, the jury may determine from its common knowledge and experience the standard of care by which to judge the defendant's conduct. In this case plaintiff contends that the defendant violated the duty of care he/she owed to the plaintiff by doing ____________________________ [ or by failing to do the following ____________________]. In this case, therefore, it is for you, as jurors, to determine, based upon common knowledge and experience, what skill and care the average physician practicing in the defendant's field would have exercised in the same or similar circumstances. It is for you as jurors to say from your common knowledge and experience whether the defendant deviated from the standard of care in the circumstances of this case.
Where there has been expert medical testimony as to the standard of care, but the standard is one which can also be determined by the jury from its common knowledge and experience, the jury should determine the standard of care after considering all the evidence in the case, including the expert medical testimony, as well as its own common knowledge and experience.
After determining the standard of care required in the circumstances of this case, you should then consider the evidence to determine whether the defendant has complied with or departed from that standard of care. If you find that defendant has complied with that standard of care he/she is not liable to the plaintiff, regardless of the result. If you find that defendant has not complied with that standard of care, resulting in injury or damage to the plaintiff, then you should find defendant negligent and return a verdict for plaintiff.
Cases and Notes:
a) Common Knowledge
The common knowledge doctrine was applied in Martin v. Perth Amboy General Hospital, 104 N.J. Super. 335 (App. Div. 1969), where a laparotomy pad was left in plaintiff's body during an operation, Tramutola v. Bortone, 63 N.J. 9 (1973), where plaintiff discovered that a needle had been left in her chest during surgery; Steinke v. Bell, 32 N.J. Super. 67 (App. Div. 1954), where a dentist removed the wrong tooth; Becker v. Eisenstodt, 60 N.J. Super. 240 (App. Div. 1960), where the defendant used a caustic substance instead of an anesthetic; and Terhune v. Margaret Hague Maternity Hospital, 63 N.J. Super. 106 (App. Div. 1960), where plaintiff was burned as a result of the improper administration of an anesthetic during childbirth, Nowacki v. Community Medical Center , 279 N.J. Super. 276 (App. Div. 1995), where plaintiff alleged that she fell while attempting to lift herself onto a treatment table, Tierney v. St. Michael's, 214 N.J. Super. 27 (App. Div. 1986), certif. den. 107 N.J. 114 (1987), where plaintiff's infant crawled out of a crib while hospitalized at the defendant hospital, Winters v. Jersey City Medical Center , 120 N.J. Super. 129 (App. Div. 1972), where the court held that one does not need an expert witness to testify that the bed rails should have been in the up position for an elderly person who fell out of bed. The common knowledge doctrine was applied to a failure to communicate an abnormal finding and the signing of an incorrect discharge summary in Jenoff v. Gleason, 215 N.J. Super. 349 (App. Div. 1987). In Rosenberg by Rosenberg v. Cahill, 99 N.J. 318 (1985), the common knowledge doctrine was not applied to the failure to observe a tumor in an x-ray.
The court rejected the plaintiff's reliance on the common knowledge doctrine in Posta v. Chueng-Loy, 306 N.J. Super. 182 (App. Div. 1997), involving hernia surgery.
See also, Sanzari v. Rosenfeld, 34 N.J. 128 (1961), Jones v. Stess, 111 N.J. Super. 283 (App. Div. 1970), Klimko v. Rose, 84 N.J. 496 (1980).
b) Res ispa loquitur
There are three requirements which must be demonstrated in order to apply the doctrine of res ipsa loquitur:
(1) The occurrence must be one which ordinarily bespeaks negligence;
(2) The instrumentality causing the injury must have been within defendant's exclusive control; and
(3) There must be no indication that the plaintiff's injury was in any way the result of his own voluntary act or neglect.
A detailed analysis of the doctrine of res ipsa is found in Gould v. Winokur, 98 N.J. Super. 554 (Law Div. 1968), aff'd., 104 N.J. Super. 329 (App. Div. 1969), certif. den . 53 N.J. 582 (1969). See also, Buckelew v. Grossbard, 87 N.J. 512 (1981).
The difference between the res ipsa doctrine and the common knowledge doctrine is that the res ipsa doctrine requires expert testimony to prove the first element of proof, i.e., that the occurrence does not usually happen in the absence of negligence. Smallwood v. Mitchell, 264 N.J. Super. 295 (App. Div. 1993), certif. den. 134 N.J. 481 (1993).
The logical extension of the res ipsa and common knowledge doctrines is the conclusion that there are cases where the facts are such that at least one defendant must be liable as a matter of law. The genesis of this concept in New Jersey is found in Anderson v. Somberg, 67 N.J. 291 (1975), cert. den. 423 U.S. 929 (1975). See also, Chin v. St. Barnabas Medical Center, 160 N.J. 454 (1999).
The doctrine of res ipsa loquitur was deemed applicable in Yerzy v. Levine, 108 N.J. Super. 222 (App. Div. 1970), aff'd. 57 N.J. 234 (1970), where the common bile duct had been completely severed during gall bladder surgery; Pearson v. St. Paul, 220 N.J. Super. 110 (App. Div. 1987), where plaintiff's sixteen year old daughter died after arthroscopic knee surgery.
The doctrine of res ipsa loquitur was deemed inapplicable in Toy v. Rickert, 53 N.J. Super. 27 (App. Div. 1958), where plaintiff alleged that the defendant negligently administered a shot of penicillin into plaintiff's right buttock causing nerve damage; in Renrick v. Newark, 74 N.J. Super. 200 (App. Div. 1962), where plaintiff alleged that the defendant negligently injected a drug resulting in severe burning of both forearms and widespread scarring; Posta v. Chueng-Loy, 306 N.J. Super. 182 (App. Div. 1997), involving hernia surgery.
c) Common knowledge can be employed in some cases although expert medical testimony is also offered as to the standard of care and defendant's alleged departure therefrom. See Sanzari v. Rosenfeld, supra, 34 N.J. at 138 and 143.
The Trial Judge will read the following instructions to the jury prior to the jury deciding damages and negligence:
[Option A: Specialist. ] The defendant(s) in this case is (are) a medical specialist(s) in the field of [insert appropriate specialty description]. Specialists in a field of medicine represent that they will have and employ not merely the knowledge and skill of a general practitioner, but that they have and will employ the knowledge and skill normally possessed and used by the average specialist in the field. Thus, when a physician holds himself/herself out as a specialist and undertakes to diagnose and treat the medical needs of a patient, the law imposes a duty upon that physician to have and to use that degree of knowledge and skill which is normally possessed and used by the average specialist in that field, having regard to the state of scientific knowledge at the time that he/she or she attended the plaintiff.
[Option B: General Practitioner.] The defendant(s) in this case is (are) a general practitioner(s). A person who is engaged in the general practice of medicine represents that he/she or she will have and employ knowledge and skill normally possessed and used by the average physician practicing his/her profession as a general practitioner.
[Remainder of Charge:]
Given what I have just said, it is important for you to know the standard of care which a general practitioner/specialist in [insert appropriate specialty description, if applicable] is required to observe in his/her treatment of a patient under the circumstances of this case. Based upon common knowledge alone, and without technical training, jurors normally cannot know what conduct constitutes standard medical practice. Therefore, the standard of practice by which a physician's conduct is to be judged must be furnished by expert testimony, that is to say, by the testimony of persons who by knowledge, training or experience are deemed qualified to testify and to express their opinions on medical subjects.
You as jurors should not speculate or guess about the standards of care by which the defendant physician(s) should have conducted himself/herself/themselves in the diagnosis and treatment of the plaintiff. Rather, you must determine the applicable medical standard from the testimony of the expert witness(es) you have heard in this case.(1)
Where there is a conflict in the testimony of the medical experts on a subject, it is for you the jury to resolve that conflict using the same guidelines in determining credibility that I mentioned earlier. You are not required to accept arbitrarily the opinions offered. You should consider the expert's qualifications, training, and experience, as well as his/her understanding of the matters to which he/she or she testified.
Where an expert has offered an opinion upon an assumption that certain facts are true, it is for you, the jury, to decide whether the facts upon which the opinion is based are true. The value and weight of an expert's testimony in such instances is dependent upon, and no stronger than, the facts upon which it is predicated.
When determining the applicable standard of care, you must focus on accepted standards of practice in [insert general practice or specialty involved] and not on the personal subjective belief or practice of the defendant doctor.(2)
The law recognizes that the practice of medicine is not an exact science. Therefore, the practice of medicine according to accepted medical standards may not prevent a poor or unanticipated result.(3) Therefore, whether the defendant doctor was negligent depends not on the outcome, but on whether he/she adhered to or departed from the applicable standard of care. Ibid.
Note to Judge:
Where the defendant has satisfied the burden of proving that medical judgment is involved in the case, insert Charge 5.36G, Medical Judgment, here.
If you find that the defendant(s) has (have) complied with the accepted standard of care, then he/she is not liable to the plaintiff regardless of the result. On the other hand, if you find that the defendant(s) has (have) deviated from the standard of care resulting in injury or damage to plaintiff, then you should find defendant negligent and return a verdict for plaintiff.
The following court cases relate to medical malpractice: 1. Jacober v. St. Peter's Medical Center, 128 N.J. 475 (1992).
(2)Morlino v. Medical Center of Ocean County, 295 N.J. Super. 113 (App. Div. 1996), aff'd. 152 N.J. 563 (1998). See also, Fernandez v. Baruch, 52 N.J. 127, 131 (1968), Carbone v. Warburton, 11 N.J. 418, 425 (1953), Schueler v. Strelinger, 43 N.J. 330, 346 (1964), Ziemba v. Riverview Medical Center, 275 N.J. Super. 293 (App. Div. 1994), Nguyen v. Tama, 298 N.J. Super. 41 (App. Div. 1997).
(3)Morlino, supra. Aiello v. Muhlenberg Regional Medical Center, 159 N.J. 618 (1999), Velazquez v. Portadin, 163 N.J. 677 (2000).

Limitation on Lawsuit Threshold/Verbal Car Accident

Limitation on Lawsuit Threshold/Verbal Car Accident

What is the Limitation on Lawsuit Threshold/Verbal Car Insurance Law? -It Prohibits Citizens without permanent Injuries From Recovery of Medical Deductibles and Injuries Against Drunk & Careless Drivers
Compiled by Kenneth Vercammen, Esq. from materials supplied by ATLA and other consumer organizations The car insurance laws have changed dramatically. You now have to make an important decision to protect you and your family. The new law requires your insurance company to send you a form where you choose between two types of auto insurance. One is called "No Limitation on Lawsuit option or No Threshold". The other is called "Limitation on lawsuit option or Lawsuit/ Verbal Threshold".
The insurance companies want you to choose the Limitation on lawsuit/ Lawsuit Threshold so they can make more money. What they dont want you to know is that Limitation on lawsuit/ Lawsuit Threshold limits many of your rights. With Limitation on lawsuit/ Lawsuit Threshold if you were injured in an accident caused by a drunk or reckless d river, you would not be compensated unless you suffered such injuries as death, dismemberment, disfigurement, fracture or permanent lifelong injuries.
Under the No Limitation on Lawsuit option or No Threshold, you will retain your Constitutional Rights to a jury trial if you are injured in a car accident. You may bring a claim against a driver who injures you, and be compensated for your pain, lost wages and suffering.
THRESHOLD PROTECTION- PICK NO LIMITATION THRESHOLD PROTECTION UNDER YOUR CAR INSURANCE
What you dont know about your automobile insurance can hurt you. The following important information on automobile insurance law will explain that you may already have given up your right to make a claim or sue for damages. The purpose of the law which affects all New Jersey policy holders and their families, is to change choices. We recommend no threshold and suggest you write to your insurance company immediately.
"Limitation on Lawsuit Option/ Verbal" threshold costs less than no threshold, but the reduction in cost limits your legal right to make a claim or file a lawsuit to recover money for pain and suffering if you or members of your family are injured in an automobile accident.
Q. What is the "limitation on lawsuit option"?
A. The lawsuit limitation option (also known as the verbal threshold) limits your legal rights to make a claim for monetary damages or to file a lawsuit against a careless driver unless you sustain one of the following types of injury.
Type 1 - Death Type 2 - Dismemberment Type 3 - Significant disfigurement or scarring Type 4 - Displaced fracture Type 5 - Loss of a fetus Type 6 - Permanent injury
A permanent injury occurs when a body part has not and will not heal to function normally. WE RECOMMEND THAT YOU DO NOT ELECT THE "LIMITATION ON LAWSUIT OPTION." The injury must be established by objective medical finding such as the doctors observation of the physical injuries, x-ray, CT-scan, myleogram and MRI, and if such objective evidence is not found, then I cannot successfully prosecute a claim for non-economic loss. You must agree to assist your attorney in obtaining medical records and reports in connection with a Limitation/ Lawsuit/ Verbal Threshold case.
Q. What is the "no limitation on lawsuit option"?
A. The no limitation option (also known as "no threshold") permits you to make a claim or to file a lawsuit against a careless driver for any and all personal injuries. WE RECOMMEND THAT YOU ELECT THE "NO LIMITATION ON LAWSUIT OPTION."
Q. What happens if I choose the Lawsuit Threshold and my injuries are not included in one of the 6 types?
A. You are not permitted to make a claim or file a lawsuit to recover money for pain and suffering. For example, if you injure your neck back head, arms or legs, but the injury is not permanent or your use is not significantly limited, you cant sue or even make a claim for an out-of court settlement even though your in jury required medical treatment and caused you pain and suffering.
Q. Who benefits when I am not able to make a claim or sue?
A. Careless drivers who cause accidents have no responsibility for the injuries they cause. Their insurance companies profit because they do not have to pay money to injured persons.
Q. If I choose the Lawsuit Threshold, am I the only one who cant make a claim or sue?
A. No. Lawsuit Threshold coverage applies to your spouse and any children living with you who do not have their own automobile insurance coverage. They also lose the right to sue or even make a claim.
Q. My other coverage choice, No Threshold, what is it?
A. No Limitation/ No Threshold protects your right to recover money for pain and suffering no matter what the injury.
Q. How do I choose the type of coverage I want for myself and my family?
A. When you renew or purchase an automobile insurance policy, your insurance company will provide you with a coverage selection form. You can also contact your insurance company immediately and pick No Threshold. If you need assistance, please schedule an appointment with Ken Vercammen to discuss you rights.
If, at the time of your insurance renewal, if you fail to choose NO LIMITATION/ NO THRESHOLD, you will automatically be given the LIMITATION/ LAWSUIT THRESHOLD. With the LIMITATION/ LAWSUIT THRESHOLD you will not be fully protected against a careless driver who hits you.
If you want to fully protect yourself from a negligent driver who injures you, choose NO THRESHOLD. Dont be fooled into false savings. Know what your rights are before you sign them away.
Please feel free to call Kenneth Vercammen, Esq. to schedule a for free in office consultation.. 732-572-0500
Relevant caselaw and legal argument successfully used in prior cases:
BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT BECAUSE INJURIES EXCEED THE REQUIREMENTS OF THE VERBAL THRESHOLD __________________________________________________________
KENNETH VERCAMMEN & ASSOCIATES, PC 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 Attorney for Plaintiff,
PLAINTIFFS INJURIES MEET THE REQUIREMENTS OF THE VERBAL THRESHOLD STATUTE.
N.J.S.A. 39:6A 8 requires plaintiff to prove his/her injuries fall into at least one of six categories as set forth in the statute. The plaintiffs injuries fulfill the requirements of #6 of the categories. Specifically enumerated:
Type (6) Permanent Injury. It is plaintiffs contention that a serious and significant injury was indeed suffered as a result of the accident. The Supreme Court case of Oswin v. Shaw, 129 N.J. 290 (1992) originally set forth that plaintiffs who can show objective evidence of injury and disability that fit the statutory definition of "serious injury" will be considered to have made out a prima facie case of "serious injury". Oswin Supra. at 318. Plaintiffs attached certification also describes plaintiffs subjective complaints and limitations. The Doctor has reviewed this Brief and is incorporating the following by reference. Plaintiff has significant limitations of both the cervical and dorsal ranges of motion as set forth herein above. There is tenderness and spasms in both plaintiffs cervical musculature and lumbar spine upon palpation. The plaintiff will experience recurring episodes of pain and weakness in the future following lifting, bending and stretching for any length of time. As the plaintiffs work and home life require such lifting, bending and stretching, she continues and will in the future continue to suffer pain and weakness in performing these necessary movements.
The Appellate Division in Owens v. Kessler 272 NJ Super. 225 (App. Div. 1994) held that a spasm is an objective manifestation of injury and summary judgment for defendants should not have been granted in this verbal threshold case since plaintiffs medical experts report, showing continued evidence of spasm after cessation of medical treatment, clearly constitutes prima facie objective evidence of permanent injury or at the very least raises a genuine issue of material fact. In Owens the motion judge erred in inferring that not having neurological treatment diminished the veracity of plaintiffs claim in the absence of medical opinion to support that inference; plaintiffs uncontradicted claims that the injuries rendered him unable to continue to participate actively in sports and interfered both with the only jobs he was able to secure and with his pursuit of a high school diploma warranted submission to a jury with respect to whether the claimed disability had a serious impact on his life. The motion judge failed to properly evaluate the medical proofs in accordance with the standard mandated by Rule 4:62-2. In Brown v. Puente, 257 N.J. Super. 203 (App. Div. 1992), the plaintiff was on summer vacation after his junior year in high school when he injured his neck and back in an automobile accident. Two years after the accident, he continued to complain of daily headaches, stiffness and chronic pain. His doctor reported evidence of limitation of motion accompanied by marked tenderness, muscle spasm and pain. He concluded that the injuries were of "a permanent nature especially since they have lasted as long as they have after the accident and course of intensive physical therapy." The Appellate Division found that the report of the plaintiffs doctor supported "an objectively determined substantial limitation of motion." In addition, the court found that the plaintiff established that the injuries had a substantial impact on his life. He certified that he had to give up high school athletics due to severe chronic pain and that he had difficulty managing as a college student since he was unable to sit or study for long periods of time. Accordingly, the court denied the defendants motion to dismiss the complaint. In Dabal v Sodera 260 NJ Super. 397 (App. Div. 1992), the plaintiff sustained injuries to her neck and back. She was treated with a variety of modalities. She was examined by medical expert Dr. Morris Horwitz, a certified disability claim evaluator, two years after the accident. Dr. Horwitz found a derangement of the cervical and lumbar spine with limitation of motion. Dr. Horwitz in Dabal diagnosed a cervical hyper acceleration injury, lumbosacral sprain and diffuse cervical and lumbar myositis. He concluded the injuries were permanent. The Appellate Division in Dabal found that the plaintiff satisfied the objective standard by providing an experts report with credible evidence of objective findings. The court found that the plaintiff also satisfied the subjective standard of "serious impact" on her life. The plaintiff stated that she cannot sit or drive more than 25 minutes and cannot sleep without pain. In addition, she said that dancing had been an important social activity in her life and that she has been unable to dance since the accident. At the outset, the Appellate Division clarified "the perspective from which a trial judge must consider a defendants verbal threshold summary judgment motion" and noted that the "judge is not to make a pre-trial determination of such factual issues." The court in Dabal noted that the plaintiff was unable to participate in a primary social activity as a result of her injuries. The court stated:
"We do not view that assertion as expressing a trivial concern to her, if, indeed, dancing had been important to her and if, her injuries have deprived her of the ability to pursue that activity. Obviously what constitutes a deprivation having only a minimal and inconsequential life-affecting impact on one person may have a serious impact on another person."
As a result, the court held that the plaintiffs injuries had a "serious impact" on her life because she was unable to engage in "social or recreational activity which had been a significant and important component of [her] way of life." In Foti v Johnson 269 NJ Super. 198 (App. Div. 1993), Judge Pressler wrote for the court that the plaintiff met the verbal threshold with production of objective medical evidence that a back injury aggravated a pre-existing condition. When an automobile is struck from the rear, it is abruptly accelerated in a forward direction. The force and suddenness of such an impact upon the occupant of a vehicle so struck, causes the neck to hyper extend beyond its normal range of motion. The occupants head is caused to strike the back of the seat and then almost instantly is jolted in the reverse direction or forward in flexion due to tissue elasticity and the deceleration of the car. This sudden hyperextension occurs within the first one quarter of a second following impact, so rapidly that the normal protective reflex mechanisms cannot function. In rear end collisions, injury results from the relative acceleration of the head and trunk of the occupant, and the degree of injury is independent of the rate of acceleration of the car. Significant discomfort may be delayed for at least 24 hours following the accident. The patients complaints may include neck discomfort, or the pain may be experienced only in the shoulder or in the arms or in the back of the head. Pain may be referred to the interscapular region or to the sub occipital region. Headaches are common. In hyperextension injuries to the neck, there is no prevention of movement until the head hits the chest wall, and this is beyond the physiologically permitted limit. Because the permitted physiological range of extension is very short when the neck is slightly rotated, the posterior joints can soon be pushed beyond the physiological range, and injury results from extension strain. Subsequent pain causes the muscle supporting the injured area to go into spasm in an effort to immobilize the area as a protective mechanism from further aggravation and injury. When ligaments and tendons have been torn, stretched or ruptured, adhesions will develop at the site of attachment. When connective tissue is injured, it is replaced by scar tissue which does not have any elastic properties or the mobility of the previously uninjured tissue. The formation of scar tissue then causes a loss in the normal range of motion which is demonstrated on neurological and orthopedic testing. The patient is subject to episodes of remission and exacerbations caused by various aggravations. Due to the mechanism of trauma induced injury there is a general weakening of the supporting soft tissue structure. A number of long term studies have indicated that pain with no evident physical cause persists in 20% to 45% of patients with significant cervical injuries. X ray studies demonstrate that degenerative problems develop after injury in 39% of patients, whereas by comparison, only 6% of the general population over the age 30 develop degenerative changes over a comparable time. Thus it appears obvious that cervical injuries predispose patients to cervical degenerative osteoarthritis. Additional studies have shown that persistent upper extremity pain, numbness, interscapular pain, cervical curve reversal or one level of localized restricted cervical motion, as early findings, have been associated with long term disability.
THERE IS A GENUINE ISSUE OF MATERIAL FACT IN THE INSTANT CASE WHICH CANNOT BE RESOLVED BY DEFENDANTS MOTION FOR SUMMARY JUDGMENT.
In Oswin v. Shaw, Supra. at 307 the Supreme Court stated:
"We choose to follow the N.Y. approach and apply the Summary Judgment model to verbal threshold determinations." The role of the Judge in summary judgment procedure is to determine whether there is a genuine issue as to a material fact, but not to decide the issue if he finds it to exist". Judson, Supra, 17 NJ. at 73 (emphasis added)."
The Oswin Court continued at 307 :
"The verbal threshold determination consists of two questions. (1) Whether under any view of the plaintiffs injuries they can be said to fall within at least one of the nine categories the New Jerseys statutes specifies, and ( 2 ) If so, whether the evidence before the court on Motion for Summary Judgment demonstrates a material dispute of fact regarding the nature and extent of the plaintiffs injuries". In Arencibia v. Rosas 270 N.J. Super 339 (App. Div. 1994), the court wrote that electro-magnetic and nerve-conducting tests, as well as x-rays, may provide the needed objective evidence required under Oswin to satisfy the verbal threshold. On September 21, 1989, plaintiff was a passenger in an automobile owned by Hector Rosas and driven by her then boyfriend, now husband, defendant Julian Rosas, in North Bergen, when it struck the rear of an automobile, owned and operated by defendant Catherine Ulrich, that was stopped at a red light. The arbitrator found Julian Rosas 100 percent liable and Catherine Ulrich 0 percent liable. Plaintiffs damages found to be $17,500.00. Rosas requested a trial de novo. Plaintiffs injuries satisfy category seven: "permanent consequential limitation of use of a body organ or member" or category eight: "significant limitation of use of a body function or system." N.J.S.A. 39:6A-8a. The medical evidence shows that plaintiff has satisfied the verbal threshold requirements as delineated in Oswin. Dr. Bravo, a neurologist, found limited range of motion in plaintiffs neck, along with moderate to severe spasm of the thoracic and lumbar areas of spine. Spasm is an objective form of evidence. Id. at 320. However, the record shows much more. Dr. Bravo also noted in his final report of September 27,1990, that plaintiffs "EMG and NCV of the left upper limb and retrocollic area were abnormal, indicating a radiculopathy with involvement of posterior rami." Likewise, Dr. Marsh found objective evidence that plaintiffs ranges of motion "were compromised." He stated that plaintiff had deep and superficial spasm of the cervical, thoracic and lumbosacral sections of the spine. He also reported that x-rays of the cervical spine revealed "reduction of the neutral lateral curve." These x-rays also indicated "marked subluxation with sprain." Under Oswin, x-rays may provide the needed objective evidence, Arencibia v. Rosas, supra. Another neurologist, Dr. Dasika found a 30 percent limitation of movement of the cervical and lumbosacral sections of the spine. Plaintiff continues to take the pain medications that Dr. Dasika prescribed for headaches and pain, Arencibia v. Rosas, supra. All of plaintiffs treating physicians concluded that plaintiffs injuries were sustained in the automobile accident of September 21, 1989, and found permanency or significant limitation caused by plaintiffs injuries, Arencibia v. Rosas, supra. In Cineas v. Mammone, 270 N.J. Super. 200 (App. Div. 1994), the plaintiff sustained injuries to his neck and back and was treated by an orthopedist, neurologist, psychologist, and an internist. Each of the doctors found objective evidence of muscle spasm and loss of motion and concluded that the injuries were permanent and disabling. In addition, the plaintiff claimed a significant impact on his life including a limitation of overtime work, household chores and sexual relations. The court found that the plaintiff provided medical reports from four treating doctors that showed decreased range of motion and spasm. Accordingly, the court held that plaintiff presented credible, objective medical evidence sufficient to establish a significant limitation of use under type 8. The court noted that the record contained conflicting medical reports because a defense orthopedist and psychiatrist found only minimal residual evidence of a mild soft-tissue injury. Nevertheless, where there is a disputed issue of fact, the plaintiff must be afforded the opportunity to present his or her evidence to the finder of fact. As recognized by the Oswin Court, nature and extent of a plaintiffs injuries are questions of fact properly reserved for the jury.
"We hold that the Court should decide only the legal issue of whether a plaintiffs alleged injuries, if evidence thereof is to be believed, would meet the verbal threshold, and we allocate the determination of the nature and extent of the plaintiffs injuries to the jury when the plaintiff shows by credible, objective medical evidence the existence of a material dispute of fact. Oswin, Supra at 322
The plaintiff was shown that a material dispute of fact indeed exists. Furthermore, it is well settled in this state that "Motions for Summary Judgment are granted only with much caution and where there are genuine disputed issues of fact, they must be resolved at a plenary hearing" Shandel v. Shell Oil Co., 195 N.J. Super. 311 (Law Div. 1984). The conflicting expert reports certainly constitute a genuine disputed issue of fact. "On motion for summary judgment, it is movants burden to exclude any reasonable doubt as to the existence of any genuine issue of material fact and all inferences of doubt are drawn against movant in favor of opponent. Only when it is palpably disclosed that there is no genuine issue of fact and that movant is entitled to judgment as matter of law should such motion be granted" Selzer v. Isaacson, 147 N. J. Super 308 (App. Div. 1977). If all inferences of doubt are to be drawn against the moving party, then defendants motion for summary judgment must be denied. In Moreno v. Greenfield, 272 NJ Super 456 (App. Div. 1994), the Appellate Division noted that "we have not lost sight of the fact that this evidence was presented at a Summary Judgment motion when all favored inferences must be granted to the plaintiff." Rule 4:46-2, Judson v. Peoples Bank and Trust of Westfield, 17 N.J. 67,75 (1954). The Court in Brill v Guardian Life 142 NJ 520 (1995) still requires the Court to review all evidence, not to just dismiss cases as the defense suggests. In Moreno the court noted that, "We will, however, independently examine plaintiffs proofs and pass on this issue. In doing so, we must view plaintiffs activities as she participated in them prior to the accident. We do not treat plaintiffs as fungible commodities." The plaintiff Moreno was an active twenty-two year old who set forth in her certification certain things that she cannot perform including dancing and aerobics. The court noted that each of these difficulties in themselves appear relatively minor, especially when viewed by judges of a different generation. Yet we can appreciate that in the aggregate plaintiff has described loss of a segment of her youth. The total picture is more of a person of middle age rather than a young woman of twenty-four. Her continuing efforts to continue as close to a normal life style as she can, even in the face of back pain associated with her proven physical injuries, should not disqualify her claim. A jury should find that the totality of the disability from the accident has a "serious impact on the plaintiffs life," quoting Oswin v. Shaw, 192 N.J. at 319, Moreno Slip Op at 9-10. In Cavanaugh v. Morris, 273 NJ Super 38 (App. Div. 1994), the court noted in sum, a complaint alleging a permanent soft tissue injury survives a defense motion for summary judgment if the four propositions are met. The court in Cavanaugh noted that the report of continuing spasm long after the accident meets Oswins objective medical-evidence requirements. The court noted the legislatures verbal threshold scheme patently did not intend to excluded all soft tissue injuries. The trial courts must carefully scrutinize plaintiffs proofs offered in opposition to a summary judgment in the light of Oswin and subsequently developing jurisprudence fairly to determine whether the claim for non-economic loss may continue. The court again reversed and remanded the granting of summary judgment.

___________________________ write in name of patient Plaintiff,
v.
Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: _________ COUNTY
DOCKET NO.
Civil Action
AFFIDAVIT of Merit Under N.J.S.A. 39:6A-8.a. THAT INJURIES EXCEED THE LAWSUIT/VERBAL THRESHOLD
I ______________________________ (physician) certify that: 1. I am a permanent resident of this State and a physician licensed to practice medicine in the State of New Jersey. I am and have been in the actual practice of ___________________ since __________, which includes my residency training. I graduated from _______________________ and have been licensed in New Jersey for ______ years. 2. I am a licensed physician as defined in N.J.S.A. 45:9-5.1. 3. I am the licensed treating physician to the Plaintiff or a board certified licensed physician to whom the Plaintiff was referred by the treating physician. Any opinions set forth herein are within a reasonable degree of medical probability. 4. The Plaintiff, as a result of a motor vehicle accident on _____________ sustained the following injury: (give diagnosis) ______________________________________________.
5 I am not a relative either through blood or marriage of the patient/plaintiff. 4. My opinion is based upon the circumstances and examination of the patient, plus a history of the condition. 5. I last examined the patient on _____________ and determined the following clinical conditions: __________________________________________________________ ____________________________________________________________________________ _____________________________________________________
6 Such injury has resulted in permanent injury. Permanent injury which means a body part or organ or both has not healed to function normally and to medical probability will not heal to function normally with further medical treatment. 7. This certification is based upon the following objective clinical evidence: ____________________________________________________________________________ ____________________________________________________________________________ _ 8 Any testing referred to above is not experimental in nature or dependent entirely upon subjective patient response.
I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
Date: _______________________ ___________________________________ (physicians signature)
STATE OF NEW JERSEY, COUNTY OF MIDDLESEX SS.:
I CERTIFY that on ___________________________, 2004 the doctor personally came before me and acknowledged under oath, to my satisfaction, that this person (or if more than one, each person): (a) is named in and personally signed this document; and (b) signed, sealed and delivered this document as his or her act and deed.
------------------------------------------------------ Notary Seal
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030

Liability for Fall Downs in Parking Lots of Commercial Premises

Liability for Fall Downs in Parking Lots of Commercial Premises

Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Serious Injury.
Sometimes, store customers are injured in fall downs caused by holes in parking lots or trip in dimly lit areas. Customers may be injured by failure to repair broken sidewalks. Sometimes people trip when business fail to clean up broken or fallen items. No one plans on being injured in an accident, whether it is a fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The businesses are responsible for the maintenance of their premises which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon. It is further the duty of the store to properly and adequately inspect, maintain and keep the premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as a business invitee in the exercise of due care on your part, and solely by reason of the omission, failure and default of the store, be caused to fall down If the store did not perform their duty to plaintiff to maintain the premises in a safe, suitable and proper condition, you may be entitled to make a claim. If severely injured, you can retain an attorney to file a claim for damages, together with costs of suit. Injured people can demand trial by jury.
WHAT TO TRY TO DO AT THE ACCIDENT SCENE IF INJURED
1. Stop . . . do not leave the scene of the accident. CALL THE AMBULANCE, tell them where the accident occurred and (ask for medical help if needed). 2. Notify the property manager or owner, if possible. Insist they observe where you fell. For example, if you fall on an icy sidewalk at the store/ business, notify the manager. 3. Get names and addresses of all witnesses Witnesses will be a tremendous help to you in any subsequent court action if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down the license plate numbers of their automobiles. Do not discuss the accident with the witnesses. Do not give the witnesses names to anyone but the police, your attorney or your insurance company.
4. While waiting for ambulance, write down- Accident Information Date __ Time __ Location __ Weather __ Road conditions __ Damage __
5. Summary of accident __
6. Diagram of accident location
7. Call an ambulance. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. Youll want it on record that you sought treatment right away, not in a week or so.
8. Write down name of Police Officers, Department and Badge Number, Ambulance crew, etc.
9. Do not assign or accept blame for the accident. - The scene of the accident is not the place to determine fault. Discuss the accident only with the ambulance and medical personnel, your attorney and with representatives of your insurance company. Give the other party only your name and address. - Be cooperative with the police.
10. Have immediate photos taken of accident site.
11. Call a personal injury attorney immediately, not a real estate attorney. Call Kenneth A. Vercammen- Trial Attorney Attorney At Law (732) 572-0500 When you need help the most, we will be ready to help you.
12. Never give a signed statement to the claims adjuster representing the property owners insurance company. The same goes for a phone recording. They may be used against you in court to deny your claim. Speak with your personal injury attorney first.
IF YOU HAVE BEEN INJURED IN A PARKING LOT DUE TO NEGLIGENCE OF THE BUSINESS
It is important that you -- 1. DO NOT discuss your case with anyone except your doctors and attorney. 2. DO NOT make any statements or give out any information. 3. DO NOT sign any statements, reports, forms or papers of any kinds, . 4. DO NOT appear at police or other hearings without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any hearings. 5. Refer to your attorney anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case. 6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEYS WRITTEN PERMISSION. 7. You may have insurance coverages such as Blue Cross, Blue Shield or Major Medical which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies. 8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed. 9. Maintain accurate records of all information and data pertaining to your case. 10. If you or any witnesses should move, be sure to notify your attorney of the new address.
Financial Recovery if injured while falling down
1. Kenneth Vercammen Helps Injured persons A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and now wish to prosecute a claim against a negligent property owner and its insurance company. As the attorney of record, we will be bringing this action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way. The purpose of this article is to describe the procedure that we may follow and give you sufficient instructions to enable you to assist us in this undertaking. Needless to say, helping us is just another way of helping yourself.
Sidewalk Fall down Liability Certain cases impose limited liability on commercial landowners for injuries to pedestrians on abutting sidewalks. See Stewart v. 104 Wallace St., Inc., 87 N.J. 146 (1981). The duty to maintain the sidewalks flows from the economic benefit that a commercial landowner receives from the abutting sidewalk and from the landowners ability to control the risk of injury. Id. at 158; Davis v. Pecoreno, 69 N.J. 1, 8 (1975) (holding gas station owner liable for injury caused by packed snow and ice on abutting sidewalk because traffic was directly beneficial to his business and enured to his economic benefit). Several decisions of the Appellate Division delineate the appropriate limits of a commercial property owners liability for off-premises injuries. Critical to those decisions is the premise that a landowners liability may extend beyond the premises for activities that directly benefit the landowner. Thus, the owner of a shopping center was not liable to a woman who fell on a dirt path leading from the shopping center to a parking lot. See Chimiente v. Adam Corp., 221 N.J. Super. 580 (1987). In Chimiente, sidewalks provided a safe alternative route. Id. at 584. The dirt path conferred no direct economic benefit on the shopping center. Ibid. Similarly, a shopping center on Route 22 was not liable to a customer who was struck by a car while crossing the highway. See MacGrath, supra, 256 N.J. Super. at 250-51, 253. A restaurant that provided parking on the opposite side of the street, however, had a duty to provide safe passage from the lot to the restaurant. See Warrington v. Bird, 204 N.J. Super. 611 (1985), certif. denied, 103 N.J. 473 (1986). The restaurant knew that its patrons would cross the street, and derived a direct economic benefit from their use of the path. Id. at 617. Finally, a caterer was found liable for the death of a business invitee who was killed crossing a county highway after parking her car in a lot the caterer knew or should have known the invitee would use. See Mulraney v. Aulettos Catering, 293 N.J. Super. 315, certif. denied, _ N.J. _ (1996). Prominent among the reasons for the imposition of liability was the proposition that the use of the lot furthered the caterers economic interest. Id. at 321. Critical to the imposition of liability is a direct economic benefit to the commercial landowner from the path taken by the injured party and the absence of an alternative route.
1. Clients should provide my office with the following 1. Any bills 2. All Hospital or doctor records in your possession 3. Photos of scars, cuts, bruises 4. Photos of damage to your clothes and property 5. Photos of accident site 6. Major Med Card 7. Paystub if lost time from work
2. Attorney- Client Confidential Relationship First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and I have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office. (732) 572-0500 We feel that this case is extremely important not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important; we take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.
3. Diary We want you to keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort you put into your employment, what activities you engage in after work, etc. In other words, we need you to describe the changes in your working life, your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook. Remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family, friends, and co-workers. Keep a diary of all matters concerning this accident-no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.
4. Record expenses You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date. Your attorney will keep track of your legal expenses, which may include costs of filing, service of complaint, investigation, reports, depositions, witness fees, hospital/ medical records, etc.
5. Investigation and Filing of Complaint Procedurally, the following events occur in most personal injury cases. First, your attorney must complete the investigation. This will involve the collection of information from your physician, your employer, and our investigator. We will need your doctors to provide us with copies of all bills, medical records and possibly a medical report. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement. If the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an Answer within 35 days. Kenneth Vercammen's office generally does not file a Complaint until the treating doctor signs an affidavit of merit setting forth why the injury is permanent and the diagnostic tests upon which the permanent injury is based. You will need to speak with your doctor to ask if you have a permanent injury.
6. Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain Form A Interrogatory Questions which are contained in the Rules of Court. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to the procedure and will be required to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.
7. Doctor/ Treatment It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim. Tell your doctors all of your complaints. The doctors records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken and the bills. Also save all bottles or containers of medicine.
8. Bills Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it.
9. Evidence Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.
10. Photographs Take photographs of all motor vehicles, accident site, etc., that may be connected--directly or indirectly--with your accident. Again, be sure to let the office know that you have such photographs.
11 Keep your attorney advised Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life.
12. Lost wages Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc.
13. New information In the event that any new information concerning the evidence in this case comes to your attention, report this to the attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.
14 Do not discuss the case The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone.
Obviously, we cannot stress too strongly that you DO NOT discuss this matter with anyone but your attorney or immediate, trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.
15. Questioning If any person approaches you with respect to this accident without your attorneys permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorneys office.
16. Investigation by Defendant Insurance Company Permit us to reiterate at this time that the oppositions insurance company will in all probability have a team of lawyers and investigators working diligently to counter your claim. During the course of their investigation, it is quite possible that they may attempt to contact you through various (and sometimes, devious) methods. Please do not make their jobs any easier for them by answering their questions.
We cannot emphasize too strongly that you should refrain at all times from discussing this matter with anyone--and that includes your employer, your relatives, your neighbors, and even your friends. Of course, there are exceptions to this rule.
If there are friends or neighbors or relatives who know all of the facts and circumstances surrounding the accident and can be of assistance to you, then they should be referred to this office so that their natural sympathy can be channeled into an effective asset for you.
Insurance companies pay money to claimants when they are satisfied there are both liability and damages that support a recovery. They can be expected to thoroughly investigate the facts of the accident and any past injuries or claims. The insurance company will obtain copies of all of the claimants past medical records.
The value of a case depends on the Permanent Injury, medical treatment and doctors reports Undoubtedly, you have questions as to how much your case is worth. We are going to be frank: The fact of the matter is there can be no answer to this question until we have completed the investigation in your case. Once we complete our investigation, of course, we can make a determination as to the amount of the defendants liability, if any, and even at that we will only be at a starting point. After that, we must obtain all necessary information concerning your lost wages, your disability, your partial disability, your life changes, and your prognosis. You may rest assured of one thing, however, and that is the fact that your case will not be settled below its true value, that is the fair compensation for the injuries you have received. You may also rest assured that no settlement agreement will be entered into without your consent.
The following information is taken from the old model jury charges dealing with fall downs by store customers. INVITEE - DEFINED AND GENERAL DUTY OWED An invitee is one who is permitted to enter or remain on land (or premises) for a purpose of the owner (or occupier). He/She enters by invitation, expressed or implied. The owner (or occupier) of the land (or premises) who by invitation, expressed or implied, induced persons to come upon his/her premises, is under a duty to exercise ordinary care to render the premises reasonably safe for the purposes embraced in the invitation. Thus, he/she must exercise reasonable care for the invitees safety. He/She must take such steps as are reasonable and prudent to correct or give warning of hazardous conditions or defects actually known to him/her (or his/her employees), and of hazardous conditions or defects which he/she (or his/her employees) by the exercise of reasonable care, could discover. BUSINESS INVITEE FALL DOWNS: The basic duty of a proprietor of premises to which the public is invited for business purposes of the proprietor is to exercise reasonable care to see that one who enters his/her premises upon that invitation has a reasonably safe place to do that which is within the scope of the invitation. Notes:
(1) Business Invitee: The duty owed to a business invitee is no different than the duty owed to other invitees.
(2) Construction Defects, Intrinsic and Foreign Substances: The rules dealt with in this section and subsequent sections apply mainly to those cases where injury is caused by transitory conditions, such as falls due to foreign substances or defects resulting from wear and tear or other deterioration of premises which were originally constructed properly.
Where a hazardous condition is due to defective construction or construction not in accord with applicable standards it is not necessary to prove that the owner or occupier had actual knowledge of the defect or would have become aware of the defect had he/she personally made an inspection. In such cases the owner is liable for failing to provide a safe place for the use of the invitee.
Thus, in Brody v. Albert Lipson & Sons, 17 N.J. 383 (1955), the court distinguished between a risk due to the intrinsic quality of the material used (calling it an intrinsic substance case) and a risk due to a foreign substance or extra-normal condition of the premises. There the case was submitted to the jury on the theory that the terrazzo floor was peculiarly liable to become slipper when wet by water and that defendant should have taken precautions against said risk. The court appears to reject defendants contention that there be notice, direct or imputed by proof of adequate opportunity to discover the defective condition. 17 N.J. at 389.
It may be possible to reconcile this position with the requirement of constructive notice of an unsafe condition by saying that an owner of premises is chargeable with knowledge of such hazards in construction as a reasonable inspection by an appropriate expert would reveal. See: Restatement to Torts 2d, §343, Comment f, pp. 217-218 (1965), saying that a proprietor is required to have superior knowledge of the dangers incident to facilities furnished to invitees.
Alternatively, one can view these cases as within the category of defective or hazardous conditions created by defendant or by an independent contractor for which defendant would be liable (see introductory note above).
Cases:
Bozza v. Vornado, Inc., 42 N.J. 355, 359 (1954) (slip and fall on sticky, slimy substance in self-service cafeteria which inferably fell to the floor as an incident of defendants mode of operation).
Buchner v. Erie Railroad Co., 17 N.J. 283, 285-286 (1955) (trip over curbstone improperly illuminated).
Brody v. Albert Lifson & Sons, 17 N.J. 383, 389 (1955) (slip and fall on wet composition floor in store).
Bohn v. Hudson & Manhattan R. Co., 16 N.J. 180, 185 (1954) (slip on smooth stairway in railroad station).
Williams v. Morristown Memorial Hospital, 59 N.J. Super. 384, 389 (App. Div. 1960) (fall over low wire fence separating grass plot from sidewalk).
Nary v. Dover Parking Authority, 58 N.J. super. 222, 226-227 (App. Div. 1959) (fall over bumper block in parking lot).
Parmenter v. Jarvis Drug Stor, Inc., 48 N.J. Super. 507, 510 (App. Div. 1957) (slip and fall on wet linoleum near entrance of store on rainy day).
Nelson v. Great Atlantic & Pacific Tea Co., 48 N.J. Super. 300 (App. Div. 1958) (inadequate lighting of parking lot of supermarket, fall over unknown object).
Barnard v. Trenton-New Brunswick Theatre Co., 32 N.J. Super. 551, 557 (App. Div. 1954) (fall over ladder placed in theatre lobby by workmen of independent contractor).
Ratering v. Mele, 11 N.J. Super. 211, 213 (App. Div. 1951) (slip and fall on littered stairway at entrance to restaurant).
DUTY TO INSPECT OWED TO INVITEE The duty of an owner (or occupier) of land (or premises) to make the place reasonably safe for the proper use of an invitee requires the owner or occupier to make reasonable inspection of the land (or premises) to discover hazardous conditions. Cases:
Handelman v. Cox, 39 N.J. 95, 111 (1963) (salesman showing merchandise to employees of defendant fell down cellar stairway partially obscured by carton) NOTICE OF PARTICULAR DANGER AS CONDITION OF LIABILITY If the jury members find that the land (or premises) was not in a reasonably safe condition, then, in order to recover, plaintiff must show either that the owner (or occupier) knew of the unsafe condition for a period of time prior to plaintiffs injury sufficient to permit him/her in the exercise of reasonable care to have corrected it, or that the condition had existed for a sufficient length of time prior to plaintiffs injury that in the exercise of reasonable care the owner (or occupier) should have discovered its existence and corrected it. Cases:
Tua v. Modern Homes, Inc., 64 N.J. Super. 211 (App. Div. 1960), affirmed, 33 N.J. 476 (1960) (slip and fall on small area of slipper waxlike substance in store); Parmenter v. Jarvis Drug Store, Inc., 48 N.J. Super. 507, 510 (App. Div. 1957) (slip and fall on wet linoleum near entrance of store on rainy day); Ratering v. Mele, 11 N.J. Super. 211, 213 (App. Div. 1951) (slip and fall on littered stairway at entrance to restaurant).
Notes:
(1) The above charge is applicable to those cases where the defendant is not at fault for the creation of the hazard of where the hazard is not to be reasonably anticipated as an incident of defendants mode of operation. See: Maugeri v. Great Atlantic & Pacific Tea Company, 357 F.2d 202 (3rd Cir. 1966) (dictum).
(2) An employees knowledge of the danger is imputed to his/her employer, the owner of premises. Handelman v. Cox, 39 N.J. 95, 104 (1963).
NOTICE NOT REQUIRED WHEN CONDITION IS CAUSED BY DEFENDANT If the jury members find that the land (or premises) was not in a reasonably safe condition and that the owner (or occupier) or his/her agent, servant or employee created that condition through his/her own act or omission, then, in order for plaintiff to recover, it is not necessary for the jury members also to find that the owner (or occupier) had actual or constructive notice of the particular unsafe condition.
Cases:
Smith v. First National Stores, 94 N.J. Super. 462 (App. Div. 1967) (slip and fall on greasy stairway caused by sawdust tracked onto the steps by defendants employees); Plaga v. Foltis, 88 N.J. Super. 209 (App. Div. 1965) (slip and fall on fat in restaurant area traversed by bus boy); Torda v. Grand Union Co., 59 N.J. Super. 41 (App. Div. 1959) (slip and fall in self-service market on wet floor near vegetable bin). Also see: Thompson v. Giant Tiger Corp., 118 N.J.L. 10 (E. & A. 1937); Wollerman v. Grand Union Stores, Inc., 47 N.J. 426 (1956); Lewin v. Orbachs, Inc., 14 N.J. Super. 193 (App. Div. 1951); Maugeri v. Great Atlantic & Pacific Tea Company, 357 F.2d 202 (3rd Cir. 1966).
BURDEN OF GOING FORWARD
In Wollerman v. Grand Union Stores, Inc., 47 N.J. 426, 429-430 (1966), the court held that where string beans are sold from bins on a self-service basis there is a probability that some will fall or be dropped on the floor either by defendants employees or by customers. Since plaintiff would not be in a position to prove whether a particular string bean was dropped by an employee or another customer (or how long it was on the floor) a showing of this type of operation is sufficient to put the burden on the defendant to come forward with proof that defendant did what was reasonably necessary (made periodic inspections and clean-up) in order to protect a customer against the risk of injury likely to be generated by defendants mode of operation. Presumably, however, the burden of proof remains on plaintiff to prove lack of reasonable care on defendants part. If defendant fails to produce evidence of reasonable care, the jury may infer that the fault was probably his. See also: Bozza, supra, 42 N.J. at 359.
Whether or not defendant has furnished an invitee with a reasonably safe place for his/her use may depend upon the obviousness of the condition claimed to be hazardous and the likelihood that the invitee would realize the hazard and protect himself/herself against it. Even though an unsafe condition may be observable by an invitee the jury members may find that an owner (or occupier) of premises is negligent, nevertheless, in maintaining said condition when the condition presents an unreasonable hazard to invitees in the circumstances of a particular case. If the jury members find that defendant was negligent in maintaining an unsafe condition, even though the condition would be obvious to an invitee, the fact that the condition was obvious should be considered by the jury members in determining whether the invitee was contributorily negligent (a) in proceeding in the face of a known hazard or (b) in the manner in which the invitee proceeded in the face of a known hazard.
DISTRACTION OR FORGETFULNESS OF INVITEE Even if the jury members find that plaintiff knew of the existence of the unsafe or defective condition, or that the unsafe or defective condition was so obvious that defendant had a reasonable basis to expect that an invitee would realize its existence, plaintiff may still recover if the circumstances or conditions are such that plaintiffs attention would be distracted so that he/she would not realize or would forget the location or existence of the hazard or would fail to protect himself/herself against it. Thus, even where a hazardous condition is obvious the jury members must first determine whether in the circumstances the defendant was negligent in permitting the condition to exist. Mere lapse of memory or inattention or mental abstraction at the critical moment is not an adequate excuse. One who is inattentive or forgetful of a known and obvious danger is contributorily negligent unless there is some condition or circumstance which would distract or divert the mind or attention of a reasonably prudent person. Note:
In McGrath v. American Cyanamid Co., 41 N.J. 272 (1963), the employee of a subcontractor was killed when a plank comprising a catwalk over a deep trench up-ended causing him to fall. The court held that even if the decedent had appreciated the danger that fact by itself would not have barred recovery. The court said if the danger was one which due care would not have avoided, due care might, nevertheless, require notice of warning unless the danger was known or obvious. If the danger was created by a breach of defendants duty of care, that negligence would not be dissipated merely because the decedent knew of the danger. Negligence would remain, but decedents knowledge would affect the issue of contributory negligence. The issue would remain whether decedent acted as a reasonably prudent person in view of the known risk, either by incurring the known risk (by staying on the job), or by the manner in which he proceeded in the face of that risk.
In Zentz v. Toop, 92 N.J. Super. 105, 114-115 (App. Div. 1966), affirmed o.b., 50 N.J. 250 (1967), the employee of a roofing contractor, while carrying hot tar, tripped over a guide wire supporting an air conditioning tower on a roof. The court held that even if plaintiff had observed the wires or if they were so obvious that he/she should have observed them, the question remained whether, considering the hazard and the work of the employee, he/she was entitled to more than mere knowledge of the existence of the wires or whether he/she was entitled to a warning by having the wires flagged or painted in a contrasting color. This was a fact for the jury to determine. The jury must also determine whether defendant had reason to expect that the employees attention would have been distracted as he/she worked os that he/she would forget the location of a known hazard or fail to protect himself against it. The court also held the plaintiffs knowledge of the danger would not alone bar his/her recovery, but this knowledge goes to the issue of contributory negligence.
In Ferrie v. DArc, 31 N.J. 92, 95 (1959), the court held that there was no reasonable excuse for plaintiffs forgetfulness or inattention to the fact that a railing was temporarily absent from her porch, as she undertook to throw bones to her dog, and fell to the ground because of the absence of a railing she customarily leaned upon. The court held:
When an injury results from forgetfulness or inattention to a known danger, the obvious contributory negligence is not excusable in the absence of some condition or circumstance which would divert the mind or attention of an ordinarily prudent man. Mere lapse of memory, or inattention or mental abstraction at the critical moment cannot be considered an adequate diversion. One who is inattentive to or forgetful of a known and obvious condition which contains a risk of injury is obvious condition which contains a risk of injury to guilty of contributory negligence as a matter of law, unless some diversion of the type referred to above is shown to have existed at the time.
The following discussion in 2 Harper & James, Torts, §27.13, pp. 1489 et seq., (1956), cited with approval in Zentz v. Toop, supra, 92 N.J. Super. at 112, may be helpful in understanding the principles involved in the above charges:
Once an occupier has learned of dangerous conditions on his/her premises, a serious question arises as to whether he/she may--as a matter of law under all circumstances--discharge all further duty to his/her invitees by simply giving them a warning adequate to enable them to avoid the harm. A good many authorities, including the Restatement, take the position that he/she may. But this proposition is a highly doubtful one both on principle and authority. The alternative would be a requirement of due care to make the conditions reasonably safe--a requirement which might well be satisfied by warning or obviousness in any given case, but which would not be so satisfied invariably.
* * *
1. Defendants duty. People can hurt themselves on almost any condition of the premises. That is certainly true of an ordinary flight of stairs. But it takes more than this to make a condition unreasonably dangerous. If people who are likely to encounter a condition may be expected to take perfectly good care themselves without further precautions, then the condition is not unreasonably dangerous because the likelihood of harm is slight. This is true of the flight of ordinary stairs in a usual place in the daylight. It is also true of ordinary curbing along a sidewalk, doors or windows in a house, counters in a store, stones and slopes in a New England field, and countless other things which are common in our everyday experience. It may also be true of less common and obvious conditions which lurk in a place where visitors would expect to find such dangers. The ordinary person can use or encounter all of these things safely if he/she is fully aware of their presence at the time. And if they have no unusual features and are in a place where he/she would naturally look for them, he/she may be expected to take care of himself if they are plainly visible. In such cases it is enough if the condition is obvious, or is made obvious (e.g., by illumination). * * *
On the other hand, the fact that a condition is obvious--i.e., it would be clearly visible to one whose attention was directed to it--does not always remove all unreasonable danger. It may fail to do so in two lines of cases. In one line of cases, people would not in fact expect to find the condition where it is, or they are likely to have their attention distracted as they approach it, or, for some other reason, they are in fact not likely to see it, though it could be readily and safely avoided if they did. There may be negligence in creating or maintaining such a condition even though it is physically obvious; slight obstructions to travel on a sidewalk an unexpected step in a store aisle or between a passenger elevator and the landing furnish examples. Under the circumstances of any particular case, an additional warning may, as a matter of fact, suffice to remove the danger, as where a customer, not hurried by crowds or some emergency, and in possession of his/her facilities, is told to watch his/her step or step up at the appropriate time. When this is the case, the warning satisfies the requirement of due care and is incompatible with defendants negligence. Here again, plaintiffs recovery would be prevented by that fact no matter how careful he/she was. But under ordinary negligence principles the question is properly one of fact for the jury except in the clearest situations.
In the second line of cases the condition of danger is such that it cannot be encountered with reasonable safety even if the danger is known and appreciated. An icy flight of stairs or sidewalk, a slippery floor, a defective crosswalk, or a walkway near an exposed high tension wire may furnish examples. So may the less dangerous kind of condition if surrounding circumstances are likely to force plaintiff upon it, or if, for any other reason, his/her knowledge is not likely to be a protection against danger. It is in these situations that the bit of the Restatements adequate warning rule is felt. Here, if people are in fact likely to encounter the danger, the duty of reasonable care to make conditions reasonably safe is not satisfied by a simple warning; the probability of harm in spite of such precaution is still unreasonably great. And the books are full of cases in which defendants, owing such a duty, are held liable for creating or maintaining a perfectly obvious danger of which plaintiffs are fully aware. The Restatement, however, would deny liability here because the occupier need not invite visitors, and if he/she does, he/she may condition the invitation on any terms he/she chooses, so long as there is full disclosure of them. If the invitee wishes to come on those terms, he/she assumes the risk.
The Restatement view is wrong in policy. The law has never freed landownership or possession from all restrictions or obligations imposed in the social interest. The possessors duty to use care towards those outside the land is of long standing. And many obligations are imposed for the benefit of people who voluntarily come upon the land. For the invitee, the occupier must make reasonable inspection and give warning of hidden perils. . . But this should not be conclusive. Reasonable expectations may raise duties, but they should not always limit them. The gist of the matter is unreasonable probability of harm in fact. And when that is great enough in spite of full disclosure, it is carrying the quasi-sovereignty of the landowner pretty far to let him ignore it to the risk of life and limb.
So far as authority goes, the orthodox theory is getting to be a pretty feeble reed for defendants to lean on. It is still frequently stated, though often by way of dictum. On the other hand, some cases have simply--though unostentatiously--broken with tradition and held defendant liable to an invitee in spite of his/her knowledge of the danger, when the danger was great enough and could have been feasibly remedied. Other cases stress either the reasonable assumption of safety which the invitee may make or the likelihood that his/her attention will be distracted, in order to cut down the notion of what is obvious or the adequacy of warning. And the latter is often a jury question even under the Restatement rule. It is not surprising, then, that relatively few decisions have depended on the Restatement rule alone for denying liability.
2. Contributory Negligence. . . But there are several situations in which a plaintiff will not be barred by contributory negligence although he/she encountered a known danger. . . For another, it is not necessarily negligent for a plaintiff knowingly and deliberately to encounter a danger which it is negligent for defendant to maintain. Thus a traveler may knowingly use a defective sidewalk, or a tenant a defective common stairway, without being negligent if the use was reasonable under all the circumstances.
Conclusion We appreciate that this is a great deal of information to absorb. However, we are certain that our clients appreciate having this information from the outset. Each request and bit of information given here represents an important part in recovering full value for your injury. Therefore, we respectfully request your full cooperation. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time. These situations show that the invitee will not always be barred by his/her self-exposure to known dangers on the premises.
is important to clean your wounds. Additionally, you should seek medical attention and advice regarding rabies treatment. If you are not familiar with the dog or its owner, contact your local animal control board and report the incident. Animal control officers may be able to locate the dog and determine its rabies vaccination status. See your doctor if you have been injured by a dog or other animal. In addition, it may be important to contact us to help you protect your legal rights. Please keep in mind that there are time limits within which you must commence suit. If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides: The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owners knowledge of such viciousness. For the purpose of the New Jersey Statute 4:19-16, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof. Thus, in New Jersey, a dog does not get two bites. A person can even be liable if your dog or other pet or animal injures someone although not biting it. Being jumped on or chased by a dog could be grounds for a civil liability. It is also strict liability if any of your dangerous animals injure someone, i.e. pet, buffalo or tiger.
For the purpose of this state law, a person is lawfully upon the private property of such owner when he/she is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he/she is on such property upon the invitation, express or implied, of the owner thereof. In deciding whether the plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, you should note that anyone whose presence is expressly or impliedly permitted on the property is entitled to the protection of the statute. The permission extends to all areas where the plaintiff may reasonably believe to be included within its scope. DeRobertis v. Randazzo, 94 N.J. 144 (1983). In a case such as this where the defendant has raised the negligence of the plaintiff as a defense, the defendant has the burden of proof. This means that the defendant has the burden to prove plaintiffs unreasonable and voluntary exposure to a known risk. This means that the plaintiff knew the dog had a propensity to bite either because of the dogs known viciousness or because of the plaintiffs deliberate acts intended to incite the animal. For example, one who beats or torments a dog has no call upon the owner if in self-defense the dog bites back. Budai v. Teague, 212 N.J. Super. 522 (Law Div. 1986); see also Dranow v. Kolmar, 92 N.J.L. 114, 116-17 (1918). In conclusion, a New Jersey dog does not get two bites.
The law imposes upon the landlord or owner of any commercial or business property the duty to use reasonable care to see to it that the sidewalks and common areas are reasonably safe for residents and members of the public who are using them. In other words, the law says that the landlord or owner of a commercial property must exercise reasonable care to see to it that the condition of hallways and sidewalks are reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the landlord or owner of a commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.

Liability for Animal Attacks

Liability for Animal Attacks

Each year aggressive animals bite over 500,000 people, killing an average of twelve. The majority of dog bite victims are children. Most dogs do not exhibit aggressive tendencies; nevertheless, sufficient provocation may tempt even the gentlest dog to bite.
Our office helps people injured due to the negligence of others by failing to control their animals . We provide representation throughout New Jersey. The insurance companies will not help Don't give up! Our Law Office can provide experienced attorney representation if you are injured If a dog or animal bites you it is important to clean your wounds. Additionally, you should seek medical attention and advice regarding rabies treatment. If you are not familiar with the dog or its owner, contact your local animal control board and report the incident. Animal control officers may be able to locate the dog and determine its rabies vaccination status. See your doctor if you have been injured by a dog or other animal. In addition, it may be important to contact us to help you protect your legal rights. Please keep in mind that there are time limits within which you must commence suit. If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides: "The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owners knowledge of such viciousness. "For the purpose of the New Jersey Statute 4:19-16, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof." Thus, in New Jersey, a dog does not get two bites. A person can even be liable if your dog or other pet or animal injures someone although not biting it. Being jumped on or chased by a dog could be grounds for a civil liability. It is also strict liability if any of your dangerous animals injure someone, i.e. pet, buffalo or tiger.
For the purpose of this state law, a person is lawfully upon the private property of such owner when he/she is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he/she is on such property upon the invitation, express or implied, of the owner thereof. In deciding whether the plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, you should note that anyone whose presence is expressly or impliedly permitted on the property is entitled to the protection of the statute. The permission extends to all areas where the plaintiff may reasonably believe to be included within its scope. DeRobertis v. Randazzo, 94 N.J. 144 (1983). In a case such as this where the defendant has raised the negligence of the plaintiff as a defense, the defendant has the burden of proof. This means that the defendant has the burden to prove plaintiffs "unreasonable and voluntary exposure to a known risk." This means that the plaintiff "knew" the dog had a propensity to bite either because of the dogs known viciousness or because of the plaintiffs deliberate acts intended to incite the animal. For example, one who beats or torments a dog has no call upon the owner if in self-defense the dog bites back. Budai v. Teague, 212 N.J. Super. 522 (Law Div. 1986); see also Dranow v. Kolmar, 92 N.J.L. 114, 116-17 (1918). In conclusion, a New Jersey dog does not get two bites.
The law imposes upon the landlord or owner of any commercial or business property the duty to use reasonable care to see to it that the sidewalks and common areas are reasonably safe for residents and members of the public who are using them. In other words, the law says that the landlord or owner of a commercial property must exercise reasonable care to see to it that the condition of hallways and sidewalks are reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the landlord or owner of a commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it. Pedestrians have a right to be protected from animal attacks.
WHAT TO DO IF ATTACKED BY AN ANIMAL- AT THE ACCIDENT SCENE
Compiled by Kenneth Vercammen, Esq. from various sources
1. Protect yourself from further attack, but try to stay at or near the scene CALL THE POLICE, tell them where the accident occurred and (ask for medical help if needed). 2. Get names, address of the animal owner 3. Get names, address of the property owner
4. Get names and addresses of all witnesses Witnesses will be a tremendous help to you in any subsequent court action if there is any question of liability involved. Get the names and addresses of as many witnesses as possible.
5. While waiting for police, write down- Accident Information Date __ Time __ Location __
6. Summary of accident __
7. Diagram of accident
8. Call an ambulance. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. Youll want it on record that you sought treatment right away, not in a week or so .
9. Obtain name of Police Officers, Department and Badge Number
10. - Be cooperative with the police.
11. Call a personal injury attorney, not a real estate attorney : Call Kenneth A. Vercammen- Trial Attorney Attorney At Law (732) 572-0500 When you need help the most, we will be ready to help you.
Financial Recovery for persons injured by animal attack
1. Kenneth Vercammen Helps Injured persons A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and now wish to prosecute a claim against an opposing party. As the attorney of record, I will be bringing this action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way.
2. Clients should provide my office with the following 1. Any bills 2. All Hospital or doctor records in your possession 3. Photos of damage to your clothes and property 4. Photos of accident site 5. Major Med Card 6. Paystub if lost time from work