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New Jersey Personal Injury Blog

Archive – 2010 – July

Construction Worker Loses Seven Fingers at Job Site

A New York construction worker lost seven fingers and part of another finger in a job site accident according to an Associated Press report. The article states that the 53 year old man was working on a machine when it slammed shut before he could remove his hands. The worker lost all of his fingers except his two thumbs and a portion of his right pinkie. The federal Occupational Safety and Health Administration (OSHA) investigated the incident.

Construction site accidents are not uncommon as workplace negligence and unsafe conditions can often lead to injuries. Lack of proper training, inadequate supervision, failure to follow safety codes and standards, insufficient safety gear, poorly maintained/unsafe tools and machinery, and generally, a failure to maintain a safe work environment can lead to accidents causing severe and catastrophic injuries.

If you or a loved one were injured in a construction or machine accident, you are entitled to receive Workers’ Compensation benefits through your employer. A worker and his family may also be able to file third-party claims against individuals or entities including sub-contractors, and, manufacturers and distributors of a defective product or machine.

If you have been injured on the job, contact the experienced and skilled New Jersey personal injury lawyers at Blume Goldfaden for a no-cost consultation and comprehensive evaluation of your potential claim. Call us at 973-635-5400.


New Jersey Teenager Attacked By Pit Bull

An 18-year-old Glassboro, New Jersey woman was bitten on the leg by a pit bull – a type of dog with known vicious propensities. The Gloucester County Times reports that officials took the pit bull into custody after the attack. The injured woman required treatment at a local trauma center. The dog’s owner claimed that the animal was on a leash and that the bite victim came too close to his dog. Local police are investigating this dog bite attack.

According to CDC statistics, each year, there are approximately 4.4 million dog bite injuries in the United States of which 800,000 require medical attention. Additionally, pit bulls and Rottweilers account for more than half of all dog bite fatalities in the United States.

In New Jersey, dog bite victims have the right to pursue compensation for physical and emotional injuries and damages they suffer as a result of an attack. New Jersey Statute 4:19-16, sets forth the responsibilities and liability of dog owners in such situations.

To pursue a claim against a dog owner, a dog bite victim must identify the dog owner and prove that the dog bit and injured him or her, and, that that they were in a public place or legally on private property at the time of the dog attack. The result of such claims depends upon various other issues including: Was the attack provoked or unprovoked?; did the dog have a history of viciously attacking other pets or people?; and was the dog restrained at the time?

The New Jersey personal injury lawyers at Blume Goldfaden have succesfully represented numerous dog bite victims. We understand the complexities of dog bite injury claims and the potential financial and emotional strain it can cause victims and their families. If you or a loved one has been involved in a dog attack, call 973-635-5400 for a no-cost consultation and evaluation of your potential claim.


Failure to Diagnose Insect Sting Allergy at ER Leads to Wrongful Death

BG Attorney, Dennis Donnelly was recently on trial in Morris county, NJ in a case involving wrongful death from medical malpractice- specifically the suit alleged that there was failure to diagnose an insect sting allergy by an ER doctor and the admitting internist, which led to the death of a 40 year old father of 4 1 month later, when he was stung again. Verdict returned in the amount of 1.66 million in June 2010.


Two Separate Construction Accidents Within 24 Hours

The Associated Press reports that two separate construction accidents in New York occurred within 24 hours. The first incident involved a worker falling off of a ladder, 15 to 20 feet to the ground, while he was installing fencing. He hit his head and officials stated that the fact that he was wearing a helmet may have saved his life. One day later at a different location, a 35 year old construction worker was putting up a steel framework on a residential building when he fell 50 feet to his death. While these two incidents are not related, they both illustrate that construction sites continue to present one of the most dangerous work environments.

After any construction accident, it is important that a thorough investigation be carried out. Sometimes this is done by OSHA – sometimes not. To supplement an OSHA investigation, or, when OSHA does not conduct an investigation, an attorney’s office can conduct their own investigation addressing the following issues: Were the necessary safety precautions followed? Was proper equipment provided, and was it functioning properly and in good condition? Was the worksite unsafe? Did the workers receive adequate training and supervision? These issues are related whether the fall could have been prevented, and, bears upon the liability issues in a potential claim for damages.

In any New Jersey on-the-job injury case, workers are entitled to receive New Jersey workers compensation benefits through their employer. In addition, they can also file a third-party claim if someone else’s negligence caused their injury. For example, a negligent sub-contractor or the manufacturer of a defective, or, unsafe product or piece of equipment can also be held liable.

It takes an experienced construction accident lawyer in New Jersey to analyze the various facets of a work-related injury. If you or a loved one has been involved in a New Jersey construction accident, call the personal injury lawyers of Blume Goldfaden at 973-635-5400 for a no-cost consultation.


Small Plane Crash near Essex County Airport Kills Doctor, Two Relatives

An investigation is underway to determine the cause of a small plane crash that killed three people near the Essex County Airport on Monday, July 5. A news report in The Star-Ledger, reported that the pilot was a well known rheumatologist in New York who was attempting to land the plane when she pulled up and crashed into a grassy field near the airport. The two passengers were relatives of the doctor. Investigators from the National Transportation Safety Board (NTSB) say that it could be months before the cause of the crash is determined, as the plane was not equipped with a flight recorder, also known as a “black box” (now commonly found in cars and trucks as well).

The Cirrus SR22 single-engine plane took off from Plattsburgh, New York, a small city on the edge of Lake Champlain near Canada’s border. Investigators stated that the extent of injuries and damage could have been much worse had it not been for the Fourth of July holiday weekend, resulting in fewer workers to be in the vicinity of the crash.

Air travel has long been considered one of the safest modes of travel in the United States. However, negligent and careless operation of a plane (contrary to safety laws and regulations), poor plane design and maintenance, and/or mechanical failures can all lead to aviation accidents; resulting in catastrophic injury or death. These aviation regulations apply, in varying degrees, to small charter planes, helicopters and other aircraft, as well as to commercial jet liners.

If a plane crash occurs due to negligence, surviving victims or family members of deceased victims may be entitled to compensation for their injuries, damages and losses.

If you or a loved one has been injured in an aviation accident, contact an experienced New Jersey aviation accident attorney at Blume Goldfaden to help you understand your rights. We have the resources and experience required to comprehensively evaluate your potential claim in this complex field of litigation. Call us at (973) 635-5400 for a no-cost consultation.


CPSC Warns of Fireworks Injuries During Fourth of July

A new study by the U.S. Consumer Product Safety Commission (CPSC) reveals that fireworks-related incidents were responsible for two deaths in 2009 and approximately 9,000 emergency room visits for injuries. According to the CPSC, in the combined 30 days prior and subsequent to July 4, 2009, approximately 6,000 people were injured by fireworks, with half of the injuries specifically related to firecrackers, bottle rockets, and sparklers.

Consumers under the age of 20 are the most likely to be injured by fireworks; however, the risk of serious injury or death exists for anyone within close proximity to fireworks or other pyrotechnics.
Fireworks related injuries and hazards are known to include:

  • Burns
  • Lacerations
  • Loss of limb, sight and hearing
  • Residential fires
  • Wrongful death

Parental supervision is integral to the proper use of legal fireworks (in states where such use is permitted by law). One should never allow young children to set-off or “play” with fireworks. Fireworks should never be pointed at or thrown toward another individual, and viewing public must be kept a safe distance away from pyrotechnic displays put on both privately and by municipalities.

For more information and safety tips with regard to how you can help prevent serious injuries related to fireworks, please refer to the CPSC’s website.

The New Jersey personal injury attorneys at Blume Goldfaden cannot overstress the importance of consumer safety during the Independence Day holiday season and throughout the summer. Remember: New Jersey State law (N.J.S.A. 21:3-1 et seq.) prohibits the use of all fireworks and explosives without a permit. For more information, click here.


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