Personal Injury Lawyer East Orange NJ

January 6, 2019

Personal Injury Lawyer East Orange, NJ – Free Initial Consultations Available

When people get hurt in accidents through no fault of their own in East Orange and throughout New Jersey, it is important that they seek the assistance of an experienced East Orange NJ Personal Injury Lawyer. Super Lawyers is an organization that ranks the best lawyers in East Orange and throughout New Jersey. Attorney Daniel Sloan has been named to its Rising Stars list since 2016. He has recovered millions of dollars for his clients.

Personal injury cases are complex and winning them requires an understanding of all aspects of the law in New Jersey. Handling them on your own is not advisable. Defense attorneys and insurance adjusters have a great deal of experience handling injury claims. It is important to have experience on your side too.

The Sloan Law Firm handles many different personal injury cases in East Orange, NJ, including:

BURN INJURIES

Burn injuries are not always caused by fire. Heat, cold, electricity, chemicals, friction, or radiation can all be causes of a burn injury. Most burns are due to heat from hot liquids, solids, or fire. However, vehicle crash fires, contact with electricity, scalding liquids, or hot objects such as home radiators can also cause severe burn injuries.

Burn injuries are divided into four categories: First Degree Burns, Second Degree Burns, Third Degree Burns and Fourth Degree Burns.

First Degree Burns

First Degree burns are the least severe. They seldom leave scars. A victim can sustain a first degree burn though contact with hot water or flame, a minor sunburn, or hot metal. First degree burns are painful but do not cause nerve damage. Hospitalization is rare.

Second Degree Burns

A Second Degree is one in which the burn infiltrates the second layer of skin. Scars are possible. Hospitalization is sometimes necessary to treat a second-degree burn. In New Jersey, many victims are treated at The Burn Center at Saint Barnabas in Livingston.

Third Degree Burns

Three Degree burns are very severe. The burn travels through all three layers of skin. It is possible for a burn victim to survive a third-degree burn. Hospitalization is immediately necessary.

Fourth Degree Burns

Fourth Degree Burns are the most severe. It is very difficult to survive a fourth-degree burn. Immediate hospitalization is necessary.

Severely injured victims require immediate hospitalization. Afterwards, specialized care is necessary, which may include one or more skin grafts. Depending on the severity of the injury and the impact on the victim, long-term physical and psychological treatment may be required.

PREMISES LIABILITY ACCIDENTS

Premises liability is the area of law that requires a New Jersey landowner, usually a store owner, to safeguard others on the premises from dangerous or hazardous conditions that could result in injury. In New Jersey, all commercial property and business owners must provide a safe environment for the people on their property.

For premises liability to apply, there must be negligence or some other wrongful act by the commercial landowner or some entity using the property, such as a property management company. It is important to remember that a business is not automatically responsible for an injury simply because an accident occurred on the premises. The business responsible for maintaining the premises may only be liable if there was a wrongful act, such as a failure to inspect the premises or a failure to correct a hazardous condition that the landowner knew about.

Some common premises liability cases involve:

Grocery store negligence – usually a failure to clean up a slippery substance
Hazardous sidewalks – a defect in the sidewalk
Dangerous stairs or staircases – due to no railing
Slip & fall accidents
Escalator malfunctions
Snow & ice accidents
Negligent security
Dog or animal attacks
Insufficient lighting – many times this occurs in a stairwell
Construction site negligence
Shopping Center negligence
Parking lot hazards
Amusement park accidents
Swimming pool negligence
Faulty electrical wiring
Fire
Burn hazards – such as an unprotected radiator

For those injured on the premises of another, medical bills can pile up fast. Victims deserve compensation for their pain and suffering. In any case, the Sloan Law Firm looks to recover fair and just compensation for those injured through no fault of their own. This includes: recovering medical expenses, pain and suffering and, where appropriate, lost wages.

SLIP AND FALL ACCIDENTS

Premises liability cases usually involve “slip and fall” or “trip and fall” accidents. Slip and fall accident cases are complex and it is important that anyone injured in this manner consult a New Jersey slip and fall lawyer. The first question when examining a New Jersey slip and fall lawyer usually asks about is the location of the accident. The reason why this is important is because it is much easier to prove a negligence against a commercial landowner than it is to prove against a residential landowner in New Jersey. Anyone examining a court docket could immediately determine that many cases are against commercial entities such as:

Big-box stores
Home improvement stores
Grocery stores
Apartment complexes
Business complexes

New Jersey premises liability law requires big-box stores, home improvement stores, grocery stores, apartment complexes, business complexes and other commercial landowners to repair or to prevent conditions that could result in someone being hurt. This includes the sidewalks surrounding the property. Failure to do so may result in the commercial landowner being held liable for injuries.

In order to prove that a commercial entity is negligent, an injured victim generally must prove that there was a dangerous or hazardous condition on the premises and that the commercial landowner had knowledge of it. This is typically done with the help of an expert. Experts are permitted to give opinions when testifying in court.

Common causes of slip and fall accidents include:

Snow and ice accidents
Re-freezing incidents
Spills
Debris such as wet leaves and garbage
Indoor paint on an outdoor surface
Non-slip resistant flooring
No railing
Improper lighting

DOG BITES

Unlike most other states, the liability of a dog owner for a dog bite is governed by statute in New Jersey. N.J.S.A. 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 owner’s knowledge of such viciousness.

For the purpose of this section, 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.”

Strict Liability

There are a few important aspects of the dog bite statute to point out. First, the statute makes dog owners strictly liability whenever his or her dog bites someone else. Generally, a plaintiff in a personal injury case must prove negligence. This is difficult because many times the plaintiff must find an expert to render an opinion and testify in court as to a defendant’s negligence. In a dog bite case, a plaintiff does not have to do so. Under New Jersey’s dog bite law, an owner of a dog that bites another is negligent as a matter of law. The plaintiff does not have to prove negligence at trial. The plaintiff does not have to prove that the dog owner knew or should have known that the dog was vicious. The issue simply whether or not the dog bit another.

Dog Ownership

There are a few issues, however, that must be addressed before strict liability is applied to a dog bite case. In many cases, the owner of the dog is not so readily identifiable. Under the dog bite statute, a dog owner is not defined so the courts are often forced to address the issue. New Jersey’s courts have been reluctant to identify a landlord as a dog owner. However, the courts have found that co-inhabitants can both be owners of the dog. Unless ownership is clear, the courts essentially have to determine who the dog owner is on a case by case basis.

Lawfully Upon Private Property

It is also important to remember that the victim must be on the property lawfully. Those that enter the property illegally are generally not able to collect compensation for dog bite injuries. Sometimes, there are issues as to implied invitation. In cases of implied invitation, the issue may have to be determined at trial.

Provocation

Those injured as a result of a dog that he or she provoked are not usually entitled to compensation. In some cases, a trial is the only way to
determine whether the dog was provoked because what is and what is not provocation can be in dispute. Is teasing the dog provocation? Some jurors may so yes and some may say no.

A person injured in New Jersey as a result of a dog bite must therefore show three elements for the owner to be liable:

The defendant is the owner of the dog;
The dog bit the injured party; and
The bite occurred while the injured person was in a public place or lawfully in a private place, including the dog owner’s property.

Any person injured as a result of a dog bite is entitled to compensation when these elements are satisfied assuming none of the exceptions apply.

CAR ACCIDENTS

One of the first steps in examining an auto accident case in East Orange, New Jersey is to review the police crash investigation report. Many times, auto accidents are the result of a rear-end impact, an improper left-hand turn or carelessly entering a traffic intersection. As a general rule, drivers that cause a rear-end impact to the vehicle in front of them or drivers making a left-hand turn that results in an impact are negligent. In addition, any driver that does not stop at an intersection with a stop sign or a red light is clearly negligent. Occasionally, there are cases where a passenger is injured in a two-car accident and both drivers are negligent. For these reasons, the police report is a very important document in any auto accident case to determine who was at fault.

Generally, the police report will also identify any aggravating circumstances involved in the auto accident. For example, the police report may identify whether any driver involved in an accident was under the influence of alcohol or whether the accident was a Hit and Run.

Common types of auto accidents resulting in injury involve:

Car Accidents
Truck Accidents
Tractor-Trailer Accidents
Bus Accidents
Motorcycle Accidents
Bicycle Accidents
Pedestrian Accidents
Taxi Accidents
Uber Accidents
Lyft Accidents
Crosswalk accidents
Parking Lot Accidents

MOTORCYCLE ACCIDENTS

Motorcycles have always been allowed on the New Jersey Turnpike. However, this has not always been true for the Garden State Parkway. Motorcyclists were allowed on Garden State Parkway when it opened in 1951. In 1961, things changed for motorcyclists in New Jersey. Believe it or not, operating a motorcycle on the Garden State Parkway between 1961 and 1975 was illegal because of the personal injury and property damage due to motorcycle accidents. In 1975, Governor Byrne signed a bill allowing motorcyclists to operate on the Garden State Parkway again under pressure from motorcycle groups, provided they abide by new safety rules, including the use of protective gear and minimum power.

New Jersey residents operating a motorcycle must have either: (1) a motorcycle endorsement on their existing driver license or (2) a separate motorcycle license. All motorcycles must be titled, registered and insured. Under the New Jersey Helmet Law:

“No person shall operate or ride upon a motorcycle unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the federal DOT. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides.”

New Jersey recommends the following safety tips for motorists traveling near or around motorcyclists:

Be Alert for Motorcycles – Heavy traffic could hide a motorcycle. Be aware constantly.
Anticipate Hazards for Motorcycles – Be prepared to react to poor road conditions, such as debris or oil slicks, railroad tracks or raised manhole covers.
Do Not Tailgate Motorcycles – They require less stopping distance than other vehicles.
Share the Road – Sharing the road will save lives. Motorcyclists and motorists abide by the same traffic laws. To avoid crashes, obey speed laws, warning signs and traffic signals. Share the road. Remember that motorcycles are much smaller and maneuver faster than other vehicles, so always check your mirrors twice.

Despite the safety precautions, there are occasions when motorcyclists are involved in auto accidents. Between 2007 to 2016, motorcycle fatalities varied. In 2011, New Jersey recorded the highest number of fatalities (93). In 2015, New Jersey recorded the lowest number (50). New
Jersey recorded over 12,000 motorcycle crashes between 2011 and 2015.

Operating a motorcycle on the New Jersey Turnpike, the Garden State Parkway or any other roadway in New Jersey can be dangerous. The dangers associated with operating a motorcycle can increase when the following conditions are present:

Driver fatigue
Construction on the roadway
Inexperience
Road construction
Poor visibility
Slippery conditions involving oil, rain or ice
Road Bends, Curves and hills

It is important for anyone injured in a New Jersey motorcycle accident through no fault of their own to consult with an East Orange NJ New Jersey Motorcycle Accident Lawyer because, many times, the injuries are severe. The Sloan Law Firm handles accidents involving motorcycles, ATVs, Dirt Bikes and any other type of motorcycle in East Orange, New Jersey.

THE SLOAN LAW FIRM WORKS ON A CONTINGENCY BASIS – NO RECOVERY, NO FEE

The Sloan Law Firm works on a contingency basis when handling personal injury cases, which means there is no upfront legal expenses and there is no attorney fee unless damages are recovered on behalf of the client.

If you or a loved one has been hurt in an East Orange, NJ accident and need to speak to an experienced East Orange NJ Personal Injury Attorney, you can reach the Sloan Law Firm at: (908) 358-2938 for a free consultation. Attorney Daniel Sloan has recovered millions of dollars for his clients.

RECENT CAR ACCIDENT RESULTS

$1,000,000 Recovery – Pedestrian hit by motor vehicle
$850,000 Recovery – Motorist struck by truck on highway
$250,000 Recovery – Husband and wife struck from behind on highway

CALL TODAY – (908) 358-2938 FOR A FREE PERSONAL INJURY CASE REVIEW