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      <title>New Jersey Injury Attorney Blog</title>
      <link>http://www.newjerseyinjuryattorneyblog.com/</link>
      <description>Published by Lependorf &amp; Silverstein</description>
      <language>en</language>
      <copyright>Copyright 2010</copyright>
      <lastBuildDate>Sat, 06 Feb 2010 01:49:35 -0500</lastBuildDate>
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         <title>Personal Injury Sustained in Fall at the BJ Lounge</title>
         <description><![CDATA[<p>On January 25, 2010 an Appellate Division panel of Judges ruled in the case entitled <u>Bennett v. B.J. Lounge and Jeffrey Newton</u>. In this case, the plaintiff sued for personal injuries he sustained while performing work at a tavern in Upper Deerfield Township New Jersey. The plaintiff was hanging a Philadelphia Eagles football team banner on an interior wall of the tavern. The plaintiff pushed a metal chair from the floor of the tavern against the wall and stepped onto the chair to hang the banner. The chair collapsed and the plaintiff sustained significant personal injuries. The plaintiff filed his cause of action and alleged that the metal chair was a dangerous condition that existed on the tavern’s premises and that the plaintiff had not been warned of this dangerous condition. Both the trial court and the Appellate Division dismissed this claim. Both Courts reasoned that the plaintiff failed to provide expert testimony to show that a reasonable inspection of the chair before the accident would have prevented the accident. </p>

<p>In order to prevail in a case such as this it is important to show that the defendant had either actual knowledge or constructive knowledge of a dangerous condition that could result on injury. It is not enough merely to demonstrate that the injury occurred. By employing an expert who specializes in these types of accidents, the plaintiff could have shown that the tavern should have been aware of this dangerous condition on the tavern premises. If you have been injured in a fall, Contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein, P.C. for a free consultation regarding your legal rights. The personal injury attorneys at the Princeton, New Jersey law firm of Lependorf & Silverstein, P.C. have extensive experience in litigating these types of personal injury claims. Let the <a href="http://www.lependorf.com">personal injury attorneys at the Princeton, NJ</a> law firm of Lependorf & Silverstein, P.C. go to work for you today.<br />
</p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2010/02/personal_injury_sustained_in_f.html</link>
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         <category>Premises Liability</category>
         <pubDate>Sat, 06 Feb 2010 01:49:35 -0500</pubDate>
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         <title>Snowstorms and Accidents in the State of New Jersey</title>
         <description><![CDATA[<p>As the State of New Jersey sits and braces for a major snowstorm, we look to both the joy and beauty of a snowstorm, but also the dangers that are inherent with this inclement weather.</p>

<p>Almost every one of us remembers the fun associated with a snow storm as a child.  Perhaps school would be cancelled, we went sledding, built snowmen, had snowball fights, etc.  Now, as an adult, we may enjoy the beauty that a significant amount of snow can bring, but we also must be extremely cautious to try to avoid the accidents that are so prevalent with this slippery substance.</p>

<p>Automobile accidents that occur as a result of snow are very common.  Remember, in the State of New Jersey, you are obligated to operate your motor vehicle in a fashion that is safe given the conditions that are presented.  What this means is that when it is snowing, you may have to drive below the speed limit, or you may have to give more room to the vehicle in front of you.  Many rear end accidents occur because a driver stops and the driver behind him or her tries to stop but slides into the rear of the stopped vehicle.  The driver of the vehicle that slid will often say that they are not at fault because they could not avoid sliding.  Again, remember that you must drive in a fashion that is safe for the conditions presented.  The driver that slid and rear ended the car in front will likely be cited for careless driving and will likely be responsible for damages that occurred to the occupants of the vehicle that was struck.  Snowy roads demand an extra degree of caution by those traversing the roadways.</p>

<p>Slip and falls as a result of snow covered walks and parking lots are also very common with major snowfalls in the State of New Jersey.  Absent a contract to the contrary with a third party, property owners have the legal obligation in the State of New Jersey to keep their walkways and sidewalks clear of snow and ice so that they are safe for pedestrians.  What this means is that if you have a sidewalk in front of your house or business establishment, you must make sure that it is shoveled, sanded and/or salted.  Otherwise you can be held legally responsible for an injury that occurs as a result of an unsafe condition leading to a slip and fall.  If you slip and fall in the parking lot of a business or housing development, the owner of the property may be held responsible for the damages that you sustained.</p>

<p>If you are <a href="http://www.lependorf.com">injured as a result of an auto accident or slip and fall in the State of New Jersey</a>, call the attorneys at Lependorf and Silverstein immediately.  We have been serving injury victims in the State of New Jersey for nearly twenty years and we know what immediate steps must be taken.  Do not delay – call one of our attorneys today so that we can ensure that your case is handled in a professional fashion.<br />
</p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2010/02/snowstorms_and_accidents_in_th.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2010/02/snowstorms_and_accidents_in_th.html</guid>
         <category>Auto Accidents</category>
         <pubDate>Fri, 05 Feb 2010 12:49:35 -0500</pubDate>
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         <title>Randolph Pedestrian Accident Proves Fatal</title>
         <description><![CDATA[<p>In what is being called a tragic accident, a 17-year-old girl has lost her life after being hit by a car in Randolph. According to a nj.com article, the young girl was crossing Route 10 when she was hit by a car driven by a 59-year-old Morris Township woman. Morris County Prosecutor stated that no criminal negligence on the part of the motorist caused this fatal incident. The motorist was driving westbound and had a green light at the time of the pedestrian accident. Apparently, the girl crossed the highway at the Center Grove Road intersection at 8:45 p.m. </p>

<p>As tragic as this accident is, it serves as a reminder of how important it is for drivers to be on full alert, even when it is their right-of-way or when they have a green light. Although at the time of the article’s release, it was said that the investigation into this accident is still ongoing, authorities may not charge the motorist who took this young girl’s life. However, blood and urine samples for testing to determine any alcohol or drug presence in the female driver are pending.</p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2010/01/randolph_pedestrian_accident_p.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2010/01/randolph_pedestrian_accident_p.html</guid>
         <category>Pedestrian Accidents</category>
         <pubDate>Fri, 29 Jan 2010 07:00:00 -0500</pubDate>
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         <title>New Jersey 2009 Auto Accident Fatality Statistics Released</title>
         <description><![CDATA[<p>Based on New Jersey State Police fatal accident statistics and data from the Ocean County and U.S. Census, Ocean County has been deemed the deadliest place to drive in New Jersey. According to a jacksonnjonline.com article, there were 589 roadway fatalities in the state of New Jersey in 2009. 64 of these tragic accidents took place in Ocean County. More specifically, fatal auto accidents in Ocean County averaged 34.5% higher than the state’s average per county and 16 more than Burlington and Middlesex Counties.</p>

<p>New Jersey Route 527 was the site of two serious school bus accidents which in total sent 5 children to hospitals in 2009. The reports also revealed that the county seat of Toms River lead Ocean County in fatalities with 10, 50% of which occurred on State Highways 37, Garden State Park and 35. Only 5 of the fatal Toms River accidents happened on city and county roads. In addition, Jackson Township experienced 9 auto accident fatalities, 2 of which took place on Interstate 95. </p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2010/01/new_jersey_2009_auto_accident.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2010/01/new_jersey_2009_auto_accident.html</guid>
         <category>Auto Accidents</category>
         <pubDate>Wed, 27 Jan 2010 07:00:00 -0500</pubDate>
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         <title>First Fatality-Free New Years in New Jersey since 1986</title>
         <description><![CDATA[<p>It may come as a surprise to many New Jersey residents to learn that there has not been a fatality-free New Years since 1986. Preliminary statistics have been released by the New Jersey State Police that reflect zero fatal auto accidents for the designated New Years holiday period. This phase began at 6:00 p.m. on December 31, 2009 and ended on January 4, 2010. However, based on a jacksonnjonline.com report, the Christmas holiday week brought 11 fatal accidents. The article also mentions that one individual was killed in an auto accident on New Years Eve Day in Egg Harbor Township, but the incident did not fall within the “holiday period.”</p>

<p>According to the article, the U.S. Department of Transportation distinguishes these holiday periods, which may range from one to five days. The preliminary numbers mentioned above are subject to change if municipalities report any crashes at a later time. These statistics may also change if a victim of an auto accident in New Jersey during the New Years holiday period succumbs to his or her injuries within 30 days of the incident.</p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2010/01/first_fatalityfree_new_years_i.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2010/01/first_fatalityfree_new_years_i.html</guid>
         <category>Auto Accidents</category>
         <pubDate>Mon, 25 Jan 2010 13:23:15 -0500</pubDate>
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         <title>Van Collides with Tractor-Trailer in Mount Laurel</title>
         <description><![CDATA[<p>A recent nj.com article discusses an accident along the New Jersey Turnpike in mount Laurel that injured a van and tractor-trailer driver. According to the report, the van, driven by a 67-year-old man, was exiting the James Fenimore Cooper Service Area when it collided with the tractor-trailer driven by a 41-year-old man at 5:45 in the morning. </p>

<p>As a consequence of the collision, the tractor-trailer uncontrollably slid off the road and fell down a steep embankment. The truck driver was stuck for almost two hours before firefighters specializing in “high angle rescues” were able to safely rescue him. However, the truck driver endured a broken leg and shoulder as well as facial injuries. </p>

<p>There is no doubt that auto accidents in New Jersey involving tractor-trailer trucks can have catastrophic consequences. When a motorist is injured in an auto accident at no fault of their own, compensation may be sought from negligent parties responsible for causing the accident and subsequent injuries. Whether your auto accident resulted from another motorist texting while driving, operating his or her vehicle under the influence of alcohol or drugs, or driving recklessly, you may qualify to receive compensation for medical expenses, property damage, pain and suffering, and loss of wages. However, in order for such an endeavor to be successful, you may want to consider seeking legal advice and representation from an experienced personal injury attorney.</p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2010/01/van_collides_with_tractortrail.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2010/01/van_collides_with_tractortrail.html</guid>
         <category>Auto Accidents</category>
         <pubDate>Wed, 20 Jan 2010 08:16:01 -0500</pubDate>
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         <title>Worker&apos;s Compensation Benefits During Coffee Break</title>
         <description><![CDATA[<p>A New Jersey Appellate Division Court ruled on January 13, 2010, in the case of <u><em>Cooper, Sr. v. Barnickel Enterprises</em></u>, A-1813-08T3, that an employee who has some “time to kill” during his workday and decides to drive a company truck to a local delicatessen about five miles from his place of employment for a cup of coffee is entitled to worker’s compensation benefits if he or she is involved in an accident during the trip to or from the delicatessen. In this case, an employee suffered multiple compound comminuted fractures to both legs and his left arm as a result of a motor vehicle accident on his way for the coffee. He was operating a company truck at the time of the accident. The injured worker had arrived for a meeting at a union hall in Winslow Township, New Jersey. The individuals with whom he was to meet were not available. The worker had some time to kill and decided to drive to a delicatessen five miles away. </p>

<p>The New Jersey Worker’s Compensation Court ruled in this case that the injured worker was in the course of his employment at the time of the accident and used both the “personal comfort” and the “special mission” doctrines to reach the ruling. The worker was deemed permanently and totally disabled due to his injuries and worker’s compensation benefits were awarded accordingly.</p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2010/01/workers_compensation_benefits_1.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2010/01/workers_compensation_benefits_1.html</guid>
         <category>Workers Compensation</category>
         <pubDate>Fri, 15 Jan 2010 17:00:00 -0500</pubDate>
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         <title>Insurance Company Bad Faith Upheld By Court</title>
         <description><![CDATA[<p>On January 5, 2010 a New Jersey Appellate Division panel of Judges upheld a lower court’s ruling that Rutgers Casualty Insurance Company acted in bad faith by refusing to settle an underlying lawsuit for its policy limits of $100.000.00. A New Jersey Supreme Court case from 1974 entitled <em><u>Rova Farms Resort, Inc. v. Investors Insurance Company of America</u></em> (“Rova Farms”) stands for the proposition that if a plaintiff is willing to settle his or her claim for the defendant’s policy limits, and the defendants’ insurance company, in bad faith, refuses to tender the policy limits, then any excess verdict will not be the responsibility of the defendant, but rather will be the responsibility of the insurance company. </p>

<p>In this recent New Jersey case, a verdict of approximately $186,000.00 was awarded by a jury after trial against Rutgers Casualty Insurance Company’s insured. Rutgers Casualty had a $100,000.00 policy in force on the date of the accident. Because the plaintiff had advised defense counsel of his willingness to settle the case for the insured’s $100,000.00 policy through a Rova Farms letter, the full amount of the verdict was deemed payable by the insurance company.</p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2010/01/insurance_company_bad_faith_up.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2010/01/insurance_company_bad_faith_up.html</guid>
         <category>Insurance Bad Faith</category>
         <pubDate>Fri, 15 Jan 2010 13:46:28 -0500</pubDate>
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         <title>1 Rescued, 2 Missing after Fishing Boat Sinks off New Jersey&apos;s Coast</title>
         <description><![CDATA[<p>Fishing boat workers put a great deal at risk when taking to the open sea to do their job. According to a news.yahoo.com report, only twenty-five miles east of Barnegat Light, New Jersey, a 38-foot Alisha Marie fishing boat sank after being struck by a large wave which “caused it [the ship] to roll.” One surviving crew member from New Jersey has been found but two men from Virginia are still missing. </p>

<p>The rescued man was discovered in a conscious state in a life raft soon after the distress signal was sent. Crews will continue searching for the two missing men “until it’s determined there is no chance for survival.” This determination is based on officials’ account of water temperature, weather, and the health of the missing crew members. According to the article, when the boat sank, waves were 6 feet, winds were approximately 30 mph, and the water was about 40 degrees.</p>

<p>Something more must be done to help prevent boating accidents along New Jersey’s coast that involve New Jersey commercial fishing industry workers. Although one death at sea in a year’s span is one too many, nine deaths in 2009 for commercial fishermen operating out of Cape May is devastating. </p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2010/01/1_rescued_2_missing_after_fish.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2010/01/1_rescued_2_missing_after_fish.html</guid>
         <category>Wrongful death</category>
         <pubDate>Wed, 06 Jan 2010 08:00:02 -0500</pubDate>
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         <title>Paramus Auto Accident Involving Tractor-Trailer Injures One</title>
         <description><![CDATA[<p>Most residents of New Jersey are highly aware of large trucks playing a leading role in the state’s economy. According to the State of New Jersey Department of Transportation, 75% of the approximate 600 million tons of goods moved each year are transported by truck. While the NJDOT works to enforce and maintain truck safety initiatives and regulations, some truck drivers are not as familiar with truck operation requirements as they should be. It is for this reason and various others that truck accidents take place in New Jersey.</p>

<p>A recent auto accident in Paramus involved a tractor-trailer and a Honda Accord. According to a northjersey.com article, the driver of the Honda had to be extricated from his vehicle by rescuers. He was then taken to Hackensack University Medical Center. Based on the article, road conditions were wet and caused the driver of the Honda to lose control while driving along a curve. The tractor-trailer then T-boned the vehicle on its passenger side after the Honda crossed into the northbound lane. Alcohol was said not to have been an influencing factor in causing the collision, although the accident is reportedly still under investigation. </p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2009/12/paramus_auto_accident_involvin.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2009/12/paramus_auto_accident_involvin.html</guid>
         <category>Truck Accidents</category>
         <pubDate>Tue, 29 Dec 2009 07:00:00 -0500</pubDate>
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         <title>Gas Station Explosion Injures Construction Worker</title>
         <description><![CDATA[<p>The <a href="http://www.nj-workcomp.com/osha-violation.html">Occupational Health and Safety Administration (OSHA)</a> provides particular rules and regulations for employers and contractors to follow when teaching employees how to handle and work near flammable and combustible liquids. These safety standards are elaborate and should be enforced, monitored, and maintained to the best of employee and employer ability in order to prevent incidents of explosion or fire and subsequent burn injuries, lung damage, or other serious injury.</p>

<p>An explosion took place recently at a former gas station located on the corner of Vauxhall Road and Millburn Avenue. According to reports, a contractor was cutting tubular metal barriers with a gas-powered saw when sparks set off lingering gasoline vapors in underground tanks. The worker and two others were treated by fire department personnel at the scene of the explosion. The worker was transported to a local hospital with shock symptoms and possible internal injuries which were said to be non-life threatening. The two other hurt individuals suffered minor injuries. </p>

<p>The blast shattered storefront windows at two neighboring businesses, Center Cleaners and Livingston Mart, but no other injuries or structural damage to additional businesses or residents resulted as a consequence.</p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2009/12/gas_station_explosion_injures.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2009/12/gas_station_explosion_injures.html</guid>
         <category>Explosion Accident</category>
         <pubDate>Thu, 24 Dec 2009 07:00:00 -0500</pubDate>
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         <title>Safety Improvements for Ramapo Off-Ramp</title>
         <description><![CDATA[<p>As the site of a recent fatal auto crash that took place this summer, a few safety improvements will be made by the Thruway Authority on the Exit 15 off ramp. Some of the alterations will include raising the concrete barrier, improving signage, and lowering the recommended speed limit along the curved overpass from 45 mph to 40 mph in one section and 35 mph in another. However, a lohud.com article stated that most of the changes will be made next summer. The ramp joins the Thruway to Interstate 287 and Route 17 in Mahwah, New Jersey.</p>

<p>According to the article, 23 auto accidents have occurred on this overpass within the last three years. And although this does not reflect a high accident rate, it is important for safety improvements to be made to help prevent collisions. Most of the accidents along the ramp resulted from unsafe lane changes, speeding, and motorists following other vehicles too closely. In July of last year, a 44-year-old garbage truck driver was killed after his vehicle changed direction suddenly while speeding. He fell off the overpass, struck the highway below, and plummeted into the Ramapo River.</p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2009/12/safety_improvements_for_ramapo.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2009/12/safety_improvements_for_ramapo.html</guid>
         <category>Auto Accidents</category>
         <pubDate>Tue, 22 Dec 2009 07:00:00 -0500</pubDate>
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         <title>Help Prevent Spinal Cord Injury</title>
         <description><![CDATA[<p>Spinal cord injuries are some of the most catastrophic calamities a person can endure. According to the National Spinal Cord Injury Association, several spinal cord injuries can be prevented if safe practices are used while operating a vehicle, while in the workplace, and while engaging in recreational activities. The Association also mentions a few incidents in which the risk of spinal injury may be probable. These particular cases include, but are not limited to:<br />
<ul><li>Auto accidents which occur at speeds over 45 mph</li><br />
<li>Unconscious trauma or noteworthy neck or head injury</li><br />
<li>Helmet damage from a motorcycle crash</li><br />
<li>A pedestrians being struck by a vehicle at speeds exceeding 18 mph</li><br />
<li>Considerably large falls, especially involving the elderly</li><br />
<li>Surfing accident or shallow water diving accident</li><br />
<li>Penetrating injury to the spinal region</li></ul></p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2009/12/help_prevent_spinal_cord_injur.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2009/12/help_prevent_spinal_cord_injur.html</guid>
         <category>Spinal Cord Injury</category>
         <pubDate>Thu, 17 Dec 2009 07:00:00 -0500</pubDate>
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         <title>New Jersey Resident Killed On the Job in Alaska</title>
         <description><![CDATA[<p>A 59-year-old New Jersey resident was recently killed in an accident at Prudhoe Bay’s North Gas Injection Pad in Alaska on November 18, 2009. According to the Anchorage Daily News, the North Slope worker was a BP contractor who worked for MISTRAS Group Inc., a Princeton Junction, N.J.-based outfit in charge of evaluating the structural integrity of energy and industrial infrastructure. </p>

<p>A BP spokesman said that when the fatal accident took place, the man was working on a pipeline inspection crew, marking locations to be examined in a future routine inspection down an elevated line on the gas injection pad. Even though at least one other worker was on the gas injection pad, the BP contractor was by himself at the time of the incident. It appears that the 59-year old worker’s pickup truck rolled up against him and the pipeline, pinning him despite there being no reason as to why or how the truck ended up in such a position. After the other worker along the injection pad found him, he called for help and a medical response team responded to the scene shortly thereafter, declaring the worker dead.  The extent of his injuries was not discussed.</p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2009/12/new_jersey_resident_killed_on.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2009/12/new_jersey_resident_killed_on.html</guid>
         <category>On the Job Injury</category>
         <pubDate>Tue, 15 Dec 2009 07:00:00 -0500</pubDate>
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         <title>Federal FDA Food Safety System Still in the Works</title>
         <description><![CDATA[<p>After an unfortunate sequence of fatal food-borne illness outbreaks involving various food products ranging from peanuts to cookie dough to spinach, a Senate bill, the Food Safety Modernization Act, has recently been approved. However, according to nj.com, even though the bill to refurbish the FDA’s food safety system was unanimously accepted, it may not receive a floor vote until 2010. This may be partly due to the issue of funding for the food safety reform, which would drastically improve and increase Food and Drug Administration (FDA) regulatory powers. </p>

<p>The chairman of the Health, Education, Labor and Pensions Committee says the new FDA program may cost almost $4 billion over a period of five years. Considering that the FDA safeguards approximately 80% of the U.S. food supply, which includes imports from over 200 countries, there is no doubt that this bill will greatly help their efforts and is worth the cost. </p>

<p>The reformed safety program would allow the FDA the ability to order a food recall rather than force them to wait for a producer to respond to a recall request. The Senate Bill will also enforce more regulated inspections, especially for high-risk facilities. If passed in 2010, this will be the first major food safety reform since the Great Depression. </p>]]></description>
         <link>http://www.newjerseyinjuryattorneyblog.com/2009/12/federal_fda_food_safety_system.html</link>
         <guid>http://www.newjerseyinjuryattorneyblog.com/2009/12/federal_fda_food_safety_system.html</guid>
         <category>Product Liability</category>
         <pubDate>Thu, 10 Dec 2009 07:00:00 -0500</pubDate>
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