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.