Injuries

Highlighting the Importance of Reading the ‘Fine Print’

August 15, 2022 | Kearns Rotolo Law

These days it is hard to engage in organized physical activities without being asked to sign a waiver. Exercise classes, sporting events, charity races/challenges and the like all require participants to sign forms agreeing to accept responsibility for any inherent risk associated with the event. Unfortunately, few people take the time to read these waivers to understand exactly what they are signing, and it isn’t until an injury occurs that they learn what they have given up.

In some cases, the wording of the waiver may be too vague to hold up in court. However, most waivers clearly state that, by signing, participants agree to assume responsibility and not hold the event organizers or sponsors responsible for injuries they may incur. For an example of why it is important to read the fine print before signing any form, read about a recent case involving USA Cycling.

5 Elements Necessary for Proving a Slip & Fall Lawsuit

July 15, 2022 | Kearns Rotolo Law

When you think of a slip and fall injury, images that come to mind may be of snowy, icy conditions, or maybe an elderly person. The truth is slip and falls can happen to anyone, anywhere, at any time of year.

Injuries sustained from slip and fall accidents can range from minor to major and in extreme cases even death. Victims who suffer major injuries can be faced with extensive medical expenses and potential lost wages during convalescence, and they may seek to recover damages through a lawsuit. To successfully prove a slip and fall lawsuit, certain essential elements must exist. To learn what those elements are, read “Necessary Elements to Prove in a Slip and Fall Case.”

Sorry Folks, But Pets Are Property According to the Courts

June 15, 2022 | Kearns Rotolo Law

To many people, pets are family but, under the law, dogs, cats, and other domesticated animals are property. This question comes up in court from time to time, most often in divorce cases but more recently in a personal injury lawsuit.

According to reports, a woman claimed she was injured while attempting to rescue a dog from a local canal. She attempted to sue the dog’s owners under a “rescue doctrine,” but the court determined that doctrine applies only to injuries suffered in an attempt to rescue another person and, only under special circumstances, to attempts to save property. Subsequently, her claim was denied. What is New Jersey’s rescue doctrine and why did the courts rule that it didn’t apply in this case? To find out, read “Woman injured rescuing neighbor’s dog cannot sue its owners, N.J. Supreme Court rules.”

When Pranks Cross the Line

May 15, 2022 | Kearns Rotolo Law

In a few short weeks, schools will close for summer vacation and that means senior pranks will soon be underway. While most people may consider pranks to be nothing more than playful, amusing tricks intended to get a reaction, there is a fine line between mischievous and malicious. Crossing that line can lead to serious consequences.

When a prank results in damage to property or in harm or injury to another person, participants can find themselves facing criminal charges for everything from vandalism to assault and battery. Understanding the law can help you—or your teen—avoid serious consequences. To learn more, read “Teen Pranks Can Turn into a Criminal Charge.”

Filing A Personal Injury Lawsuit on Behalf of A Minor

March 15, 2022 | Kearns Rotolo Law

From time to time, kids get hurt. It’s all part of growing up. Serious injuries, however, can have a lifelong impact resulting in complications as your child develops into adulthood. And when those injuries are the result of someone else’s negligence, your child may be entitled to just compensation.

When an adult is injured as the result of an accident, he or she may be able to recover damages through a personal injury lawsuit. Children who have not yet reached the age of majority cannot exercise that option on their own behalf. That’s where parents or guardians step in. For more information on how to advocate for your injured minor, read “3 Tips For Handling Personal Injury Cases Involving Minors.”

Putting a Price Tag on Pain and Suffering

October 15, 2021 | The Victor Rotolo Law Firm

When a person is injured as the result of another person’s negligence, their recourse is to seek damages for pain and suffering through a personal injury claim. However, “pain and suffering’ is subjective and difficult to quantify so, how are personal injury settlements calculated?

Determining a fair compensation requires looking at a number of factors, including the extent of medical bills incurred, the length of the expected recovery period, potential loss wages during that recovery period, and the emotional toll such injuries may take. While many of these factors will vary on a case-by-case basis, there are formulas that can help you gauge whether the settlement being offered is a fair one. To learn more read, “How To Determine The value of Pain and Suffering for Personal Injury Claims.”

What You Can Do to Strengthen Your Personal Injury Case

September 15, 2021 | The Victor Rotolo Law Firm

If you’ve been injured in a car accident, you might be eligible to receive compensation for your injuries and losses. Getting that compensation, however, may require you to file a personal injury lawsuit, a legal process that can be overwhelming for those without experience.

While attorneys who focus on personal injury law are best suited to help guide you through the process, what you do immediately following your accident can help determine how strong of a case you have. To learn what steps you should take to bolster your case, read “How to Build A Strong Personal Injury Case.”

How Can You Be Sure That Product You’re Buying Is Safe?

May 15, 2021 | The Victor Rotolo Law Firm

Most consumers assume that before a product hits the store’s shelf it has been tested and has met established safety standards. Not necessarily.

According to a recent Consumer Reports article, the Consumer Protection Safety Commission oversees some 15,000 product categories; however, only about 70 of those categories are required to meet a mandatory safety standard, meaning they must comply with federally established safety requirements. The rest of the product categories are subject to voluntary, rather than mandatory, safety standards. Manufacturers of these products sometimes comply with the voluntary standards and sometimes they do not.

One way consumers can protect themselves against purchasing hazardous protects is to read the product label, although the references on these labels may not be clear. For explanations of some of the more common references and other ways you can tell if a product has been vetted, read “Is This Safe to Buy? How Dangerous Products Get—and Stay—on the Market.”

Advocacy Group Suggests Improvements for NJ Traffic Safety

January 15, 2021 | The Victor Rotolo Law Firm

In its 2021 annual report, Advocates for Highway and Auto Safety says there’s room for improvement when it comes to New Jersey’s traffic safety and offered several suggestions.

One of the recommendations of the coalition, which comprises representatives from various fields outside the automobile industry, is adoption of a primary enforcement seat belt law for rear seat passengers to better protect them in the event of an accident. Currently, New Jersey police can only enforce the use of seat belts by rear seat passengers if the vehicle is stopped for another violation.

The group also suggested certain changes to the state’s Graduated Driver’s License program. To learn more, read “Less Distracted Driving, More Laws Needed in NJ: National Report.”

Bill Seeks Mandatory Safety Standards for Home Generators

December 15, 2020 | The Victor Rotolo Law Firm

Many homeowners rely on portable generators to keep their homes functioning during widespread power outages especially during storm season. While these generators are effective in keeping the heat and lights running until power can be restored, they do pose potential dangers. Although warnings about these dangers and instructions on the safe use of home generators are prevalent, people die every year in generator-related accidents. Now there is a bill before Congress intended to reduce the number of preventable deaths and injuries attributable to portable generator use.

The bill calls for the Consumer Product Safety Commission to impose a set of standardized safety measures for all new portable generators requiring, among other things, lower carbon monoxide emissions and built-in CO shut-offs that would automatically stop generators before carbon monoxide levels reached a danger point. To learn more, read “New Bill in Congress Aims to Prevent Generator-Related Deaths and Injuries.”