New Jersey Injury Attorney Blog

An investigation was launched on February 8, 2010 for determining the cause of a recent explosion at a Middletown, Connecticut power plant that killed at least five people and injured a dozen or more others. Based on a northjersey.com story, the huge explosion of the under-construction power plant occurred on February 7, 2010 at 11:15 a.m. and was so massive that residents heard and felt the boom as far as 20 miles away. Approximately 50 to 60 people were in the area at the time of the blast, and while hospital officials have not released the conditions of all of those injured in the power plant explosion, the report mentioned that one pipefitter injured in the explosion suffered a broken leg and wounds ranged from minor to very serious.

Construction for the 620-megawatt power plant was almost complete prior to the explosion. It was being built to produce energy mainly using natural gas, which, according to the report, accounts for almost a fifth of the nation’s electricity. The Connecticut Fire Marshalls and Colorado members of the U.S. Chemical Safety Board, which investigates industrial chemical accidents, are currently working together in determining exactly what happened. The explosion took place while workers for the O&G Industries construction company were purging a gas line and clearing it of air.

Continue reading "Cause of CT Power Plant Explosion under Investigation" »

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Posted In: Chemical Exposure , Explosion Accident , On the Job Injury , Personal Injury , Premises Liability , Workers Compensation , Wrongful death

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A chemical plant worker in DuPont, West Virginia has died from exposure to phosgene that took place on January 23, 2010, according to a money.ca.msn.com article. The federal Occupation Health and Safety Administration stated that inspectors are examining a series of leaks that shut down the eastern Kanawha County plant and caused the employee to die. The plant was closed temporarily due to three leaks being reported; however, one leak went undetected for an entire week. The plant is currently reviewing operating procedures and there are no pressing plans to begin production.

Phosgene is a colorless gas that, as demonstrated in this particular incident, can be extremely dangerous because its odor may not be noticed and symptoms of exposure are usually gradual to appear. According to the Centers for Disease Control and Prevention, those who have been exposed to an unsafe amount of phosgene are typically observed by doctors for up to 48 hours since it may take that long for symptoms to develop or re-emerge. Some delayed effects of phosgene exposure may include difficulty breathing, low blood pressure, coughing up white to pink-colored fluid as a sign of pulmonary edema, or heart failure. While most individuals who survive phosgene exposure experience a full recovery, many of those affected develop emphysema and chronic bronchitis.

Continue reading "Worker Dies after Exposure to Poisonous Gas Phosgene from Chemical Plant Leaks" »

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Posted In: Chemical Exposure , Law & Information , On the Job Injury , Personal Injury , Premises Liability , Workers Compensation , Wrongful death

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On January 25, 2010 an Appellate Division panel of Judges ruled in the case entitled Bennett v. B.J. Lounge and Jeffrey Newton. 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.

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 personal injury attorneys at the Princeton, NJ law firm of Lependorf & Silverstein, P.C. go to work for you today.

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Posted In: Premises Liability

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Whether a family decides to place a loved one in a nursing home, a developmental disability facility, or any other professional or medical center, the choice to trust that other people will provide your loved one with the attention, treatment, and care they need and deserve can often be difficult and even emotional. When this trust is breached and wrongful death takes place at such facilities, the consequences can be devastating for a family to endure, and frequently leaves those involved with many questions, particularly whether or not negligence or wrongdoing led to the death taking place.

According to an article from nj.com, an employee at the New Lisbon Developmental Center in Pemberton Township, Burlington County, has been put on unpaid leave after the choking death of one of the patients under the caretaker’s observation. A spokeswoman for the Department of Human Services stated that the deceased man choked on a sandwich and had lived at the facility for almost 20 years.

The New Lisbon facility is one of seven New Jersey-run centers that provide care for individuals with developmental disabilities such as cerebral palsy and autism. What many residents may not know, however, is that the Burlington County facility has a history of problems that led the Department of Justice to open its own investigation in 2002. The state even agreed in 2004 to the independent monitoring of practices at the New Lisbon center for a span of four years, which was later extended one more year, which ended in August.

Continue reading "Choking Death at Burlington County Developmental Disability Facility" »

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Posted In: Personal Injury , Premises Liability , Wrongful death

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As one of the most silent and invisible forms of personal injury, lead poisoning has put far too many children at risk throughout the State of New Jersey. Based on a nj.com report, health officials have proposed new and stricter standards that should allow children suffering from lead poisoning quicker access to health services in addition to having their homes (as the site of exposure ) examined sooner. A major change made by New Jersey health officials is the proposed lowering of the blood-level threshold said to determine whether a child exposed to toxic lead requires follow-up care and whether an environmental investigation is needed to determine its source.

According to the article, health officials are now aware that lead levels once thought to be tolerable are now known to be far too dangerous, especially when it comes to children. Depending on the level of lead exposure, some of the injuries children could encounter from lead poisoning may include, but are not limited to:

• Developmental problems


• Damage to normal growth


• Severe brain damage


• Seizure


• Coma


• Wrongful death

Continue reading "New Jersey Strengthens Combat against Lead Poisoning" »

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Posted In: Child Injury , Law & Information , Personal Injury , Premises Liability

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A Mercer County Jury awarded a woman $1.64 million dollars in damages as a result of injuries she sustained when she was locked in the Mercer Cemetery Park in Trenton, New Jersey on November 26, 2001. The Park can be accessed through two iron gates. The Park is open to the public on weekdays from 7:30 a.m. until 4:30 p.m. Before locking the gates of the Cemetery, Park employees are to check to make sure no one is inside the Park prior to locking the gates. In this case, the Park gates were locked before 4:30 p.m., thereby locking the plaintiff inside. In order to exit the Cemetery, the plaintiff attempted to climb over a brick wall and drop to the ground outside. In attempting this exit, she fractured her right tibia. New Jersey’s Tort Claims Act requires plaintiff’s to demonstrate that public entity defendants acted “palpably unreasonably,” and that their injuries are permanent.

In this case the defendant, Mercer Cemetery Corporation, appealed the jury’s verdict claiming that the Trial Court applied the traditional ordinary negligence standard and not the more stringent “palpably unreasonable” standard. Both the Appellate Division and the New Jersey Supreme Court have ruled that in this case the “palpably unreasonable” standard should have been used by the Trial Court and the case has been remanded for retrial. Thus, the question for the jury at the time of retrial will be if the defendant in this case acted in a palpably unreasonable manner by locking this woman in the cemetery before the cemetery closed and without first checking to make sure nobody was in the cemetery before locking the iron gates. Interestingly, the New Jersey Supreme Court also determined that the jury’s award of $1.64 million dollars in damages was not excessive and refused to Order a new trial on the issue of damages.

If you have been injured in the State of New Jersey you have certain rights and may be entitled to a monetary damages award for your injury. Also, if your claim is against a Public Entity, as was the case here, you MUST put that entity on notice of your intent to file a claim within 90 days of the incident. Contact a New Jersey Personal Injury attorney at the law firm of Lependorf & Silverstein for a free consultation regarding your rights.

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Posted In: Premises Liability

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An Irvington, New Jersey resident was returning from a family Christmas party to his residence in the early hours of December 26, 2008 when he was caused to slip and fall on an accumulation of snow and ice on an untreated sidewalk in front of his apartment rental. The man’s three year old daughter had fallen asleep in the car on the way home. The man was carrying his sleeping daughter in his arms when he fell. The man suffered no serious injury after the fall. Unfortunately, his daughter sustained a significant laceration to her forehead that required over two hours of plastic surgery at nearby Saint Barnabas Hospital in Livingston, New Jersey. The scar to her forehead likely will be permanent. In this case, the property management company responsible for clearing any ice and snow from the premises clearly failed to live up to the duty of care required to its tenants. Lawful visitors are also owed a duty of care.

Often, a property management company will hire a snow removal company to handle this responsibility. Regardless of the arrangement, injured tenants or visitors can recover damages for pain and suffering and for a loss of wages. Outstanding medical bills also can be included in a claim. If you have been injured due to a property owner’s failure to fulfill its duty of care, you may be entitled to damages. Please call a New Jersey premises injury attorney at the law firm of Lependorf & Silverstein, P.C. for a free consultation. It is important to inquire as to your rights shortly following the New Jersey slip and fall accident. Consult with an attorney at the law firm of Lependorf & Silverstein, P.C. for a free consultation before insurance companies begin to obtain written or recorded statements that could damage your claim later on.

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Posted In: Premises Liability

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In 2004, a 9 year old boy broke his femur in a collision with another child as they ran to line up after recess. A Passaic County jury decided that the school was negligent in supervising the children because the school only had one teacher supervising 400 children. The child suffered permanent debilitating injuries. According to the boy’s attorney, the school system only offered $5,000 to settle the case. A jury felt otherwise and awarded $500,000 for the child’s pain and suffering.

Minor injuries to our children are an inevitable part of the growing up process. When those injuries, however, are the result of the negligence of another party, it can be very unsettling. An unsafe swimming pool or faulty playground equipment can lead to injuries that were similar to the ones the Passaic County youth suffered from. Additionally, unsafe child products, such as defective car seats, strollers, cribs, and toys can play a large role in injuries sustained by our children.

If your child has been injured at school or summer camp or by an unsafe toy or product, you should contact an attorney as soon as possible to determine if there is any liability. Contact the attorneys at Lependorf & Silverstein if you have any questions.

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Posted In: Child Injury , Premises Liability

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A 10 year old boy was seriously injured while riding the Psycho Swing and Blackbeard’s Cave in Bayville when a faulty restraining belt broke, causing the boy to be knocked around the inside of the ride’s cockpit. This child suffered two broken ankles which will permanently impair his mobility for the rest of his life. The amusement park agreed to pay $1 million to compensate the boy and his family.

Regardless of the cause of these types of dangerous amusement park accidents, be it mechanical failure, operator error, or design defects and limitations, the park must be held accountable for the injuries any patron suffers while enjoying the venues attractions. Premises liability injuries like this one occur everyday and are not limited to amusement parks. Dangerous accidents can occur anywhere; in businesses, like a store or restaurant; on public streets or other government properties; or even a private home.

Amusement parks, wave parks, ballparks, and all other places that entertain the public have certain legal duties to make sure rides and attractions are safe. If you or a family member is injured during summer activities, it is important to contact an experienced New Jersey personal injury attorney as soon as possible to determine if there is any liability.

Contact the attorneys at Lependorf & Silverstein if you have any questions.

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Posted In: Amusement Park Accidents , Child Injury , Premises Liability

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