Injuries

Don’t Let Your Holidays Go Up in Smoke

December 15, 2022 | Kearns Rotolo Law

This time of year the flickering glow of candles, the bright lights decorating our homes and holiday trees all add to the festive nature of the holidays, but they also pose a high risk for house fires. The National Fire Protection Association has reported that most December house fires can be attributed to candles, which are used in the celebration of many holidays that fall this time of year. Christmas trees are another major contributing factor. These fires can be devastating, leading to property loss, and putting you, your family, your neighbors, and emergency responders at risk for injury.

To keep your holiday celebrations from going up in smoke, it is important to take some extra care to make sure your decorations are safe, and your fire and smoke detectors are in working order. The New Jersey Division of Fire Safety issued a few tips—many of which are common sense but worth revisiting—to help you reduce your risk of holiday fires. For more information read “Follow These Tips to Prevent Holiday Fires, NJ Expert Says.”

Children’s Strollers Recalled

November 15, 2022 | Kearns Rotolo Law

Parents and caregivers who have purchased a Mockingbird stroller between March 2020 and September of this year can expect to receive a letter from the manufacturer announcing a recall due to the risk of injury certain of these strollers pose to young children.

It was reported recently that the U.S. Consumer Product Safety Commission had received numerous reports of the frames of certain of these strollers cracking, causing children to fall inside the strollers and risking injury. Parents are urged to stop using these strollers immediately. To learn if your stroller is one of the affected ones read, “Stroller recall: Nearly 150K strollers recalled sue to this hazard.”

Time To Give Your Property A Pre-Halloween Safety Check

October 15, 2022 | Kearns Rotolo Law

Halloween is just a little over two weeks away. As you decorate your yard and fill your candy bowls in preparation, it’s a good idea to take a few moments to check your property for safety hazards.

Trick-or-treaters donned in masks and flowing costumes are focused on one thing only—the treats they are about to receive. These children are easily distracted by spooky decorations, the antics of their friends, and the general excitement of the holiday. They aren’t watching for hidden hazards like sticks, stones, uneven pavements, loose pets or open flames from candles and torches. As the homeowner, it is your responsibility to make sure your property is clear of any obvious hazards that could lead to slip and falls or other injuries. For a convenient safety checklist of what to look for, read “How to Prepare Your House for Trick-or-Treaters.”

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.”