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Your Options When You Are Hurt by an Uninsured Motorist

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Recovering for Your Losses When the At-Fault Driver is Not Insured (or Underinsured)

Your Options When You Are Hurt by an Uninsured MotoristThough New Jersey law requires that motorists carry a valid policy of insurance, it’s not uncommon for people to drive without coverage. Even when a motorist has some coverage, it may be insufficient to cover all your losses. What are the consequences if you are involved in a motor vehicle accident where the person who caused it either had no insurance or insufficient coverage to pay for all damages? Are you simply out of luck? Not necessarily.

Option #1—File a Claim against Your Own Insurance Company

It’s pretty common for insurance companies to offer what is known as uninsured/underinsured motorist coverage. It’s customarily in the form of an additional rider, with an additional fee. In the aftermath of a motor vehicle accident with an uninsured or under-insured driver, the first thing to determine is whether your policy carries such a provision. Don’t count on your agent to volunteer that information. You also may find the language of the policy a bit confusing. The best thing to do is hire an experienced lawyer to review your policy.

Option #2—Find Another Potentially Responsible Party

It’s fairly common that more than one person contributed to a crash. It may have been another driver—if so, you may be able to recover all your damages from that person, provided their degree of responsibility crossed a certain threshold.

Other potentially responsible parties include:

  • A person or establishment that served alcohol to the wrongful party, if you can show that it was negligent to do so
  • The owner of the vehicle (assuming the driver was not the owner) if you can show that the owner knew or should have known that the driver posed an unreasonable risk of injury to others
  • The designer, manufacturer, distributor or seller of the vehicle, if you can show a design or manufacturing defect caused the accident
  • The party responsible for maintaining the roadways, if you can show that the accident was caused by a failure to reasonably maintain the roads

Contact Attorney Howard D. Popper

To learn how we can help you with an uninsured motorist claim, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Construction Site Injuries—Falls from Ladders and Scaffolding

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Protecting Your Rights in New Jersey

Construction Site Injuries—Falls from Ladders and ScaffoldingIf you work on any type of high-rise construction, chances are good that you’ve been on a ladder or scaffolding for your job. The Occupational Safety and Health Administration (OSHA) estimates that two of every three construction workers regularly use scaffolding and even more get on a ladder. Unfortunately, falls from heights are consistently the single biggest cause of injury and death on jobsites, and most are preventable.

Among the common causes of ladder and scaffolding accidents are the following:

  • The assembly of scaffolding or placement of ladders by untrained or unqualified workers
  • The failure by contractors or others to properly maintain scaffolding or ladders or regularly inspect scaffolds and ladders for defects and other dangerous conditions
  • The use of ladders or scaffolding in non-conforming or inherently dangerous ways
  • The failure by contractors or owners to devise, implement and monitor policies or procedures for the proper and safe assembly, placement and use of scaffolding or ladders
  • The design or manufacture of scaffolding or ladders that is defective or inherently dangerous

When you are injured on the job, you always have the right to seek workers’ compensation benefits for the carelessness or negligence of a co-worker or employer. However, if your injuries are caused, in any way, by the wrongful acts of an unrelated third party, you also may file a lawsuit in civil court for damages. In fact, you can file a workers’ compensation claim simultaneously with a personal injury lawsuit. The only caveat—you cannot recover twice for the same loss. If your workers’ compensation award covers the cost of medical care, you cannot recover medical expenses in a personal injury lawsuit.

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of someone else’s carelessness, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Happy Veterans Day 2019

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Happy Veterans Day 2019

“Honoring the sacrifices many have made for our country in the name of freedom and democracy is the very foundation of Veterans Day.” – Charles B. Rangel

The Different Types of Product Liability Claims in New Jersey

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Your Rights When Injured by a Dangerous or Defective Product

The Different Types of Product Liability Claims in New JerseyWhen you purchase an item off the shelf or online, you expect that the designers, manufacturers and distributors of the product have considered all the potential dangers that the product may pose, and have taken reasonable measures to minimize those risks. Unfortunately, that doesn’t always happen. Far too often, people suffer serious injury while properly using a product for its intended use.

If you have been hurt because of the malfunction of any product or as a result of the use or exposure to a consumer good, you have a right to seek compensation for your losses. As a general rule, there are three types of product liability claims

  • Negligent design—During the conception of a product, designers and manufacturers may fail to reasonably assess potential dangers posed by the product’s design. For example, a car with too high a center of gravity may be prone to rollovers. A utility knife that cannot be retracted may pose an unreasonable risk of cutting someone. With negligent design, it makes no difference how well-made the product is—it’s the design that poses the danger.
  • Negligent manufacture—There are many ways that a product manufacturer may breach the duty of care. There may be inadequate supervision during the assembly or manufacturing process, such that critical components are ignored or missing. The manufacturer may cut costs by using substandard materials or parts. The manufacturer may fail to properly inspect goods.
  • Negligent marketing—This breach takes one of two forms—a failure to provide properinstructions for the use of the product, or a failure to reasonably warn users of known or anticipated dangers.

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

The New Jersey Smoke Alarm Laws

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New Provisions in Construction Code Mandate Alarms in Older Homes

The New Jersey Smoke Alarm LawsAccording to New Jersey state officials, it’s relatively common for firefighters to arrive at the site of a residential fire in the state, only to discover that the fire or smoke alarms in the dwelling are not functioning. In many instances, those firefighters say that the smoke alarm batteries have either been removed or have not been replaced in a timely manner.

Citing concerns about public safety, the New Jersey legislature has enacted changes to the state construction code. Effective January 1, 2019, all residential structures built before 1977 are required to have a 10 year sealed battery smoke alarm installed. The change applies to one and two-story houses, motels and boarding/rooming houses. The new requirement does not apply to homes built since 1977, as existing code mandates that they have a hard-wired smoke alarm. Officials say the requirement for a sealed battery was written into the new law to prevent the removal of batteries. The entire unit will need to be replaced every ten years or when the battery dies.

Under New Jersey law, the owner of any residential rental property must obtain a certificate of Smoke Detector and a Certificate of Carbon Monoxide Detector Alarm Compliance before initially renting property, and before leasing to new tenants. A tenant who is hearing impaired may ask the landlord to install a visual smoke alarm and carbon monoxide alert system.

Under New Jersey law, the owner of any residential rental property must obtain a certificate of Smoke Detector and a Certificate of Carbon Monoxide Detector Alarm Compliance before initially renting property, and before leasing to new tenants. A tenant who is hearing impaired may ask the landlord to install a visual smoke alarm and carbon monoxide alert system.

Contact Attorney Howard D. Popper

To learn about how we can help you with a fire or burn injury claim, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal feesunless attorney Popper recovers compensation for your losses.

The Duties of Property Owners in New Jersey

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The New Jersey Premises Liability Laws

The Duties of Property Owners in New JerseyIn New Jersey, as in all other states, there’s a duty owed by owners or controllers of real property to anyone legally visiting the real property. That duty applies to landlords, tenants, property managers and others with the authority and power to maintain the property. The duty is not an absolute one—the responsible party must only take reasonable steps to minimize the risk of injury.

The Duty

The duty includes an obligation to reasonably monitor the premises in order to learn of all potentially dangerous situations. The owner or controller may respond in a number of ways:

  • The condition can be fixed
  • The owner may prevent access to the part of the property where the risk of injury exists
  • The owner may provide notice of the risk of injury, but the notice must be reasonable

The Status of the Visitor

The owner’s duty will vary, based on the legal status of the visitor.

  • Trespassers—If the visitor is trespassing—on the property without right or authority—there is generally no duty, unless the trespasser is a minor and there is some “attractive nuisance” on the property, such as a swimming pool
  • Licensees—A licensee is someone who is legally on the property, but who is typically there for his or her own benefit. That includes a party or dinner guest. With respect to licensees, the owner is not required to inspect the premises, but must address any known dangerous conditions.
  • Invitees—An invitee is someone who has come on the property for the benefit of the owner or controller of that property. An example would be a customer entering commercial premises. The owner/controller of property owes the highest duty to an invitee, and must take reasonable steps to discover any dangerous conditions and either remedy them or warn visitors.

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of someone else’s carelessness, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

The Most Common Types of Personal Injury Claims

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The Typical Causes of Needless Injury in New York and Across the Country

The Most Common Types of Personal Injury ClaimsAs a society, we seem to find more and more ways to engage in distraction, whether it’s on a personal device, looking at a billboard or trying to do more than one thing at a time. When we’re distracted, it’s easy for us to cause injury to another person. Here are some of the most common types of personal injury claims in New York City and nationwide.

Motor Vehicle Accidents

The number of motor vehicle accidents in the United States has been steadily climbing for the last decade, with more than 6,000,000 annually. That’s more than 16,000 across the United States every day, making motor vehicle crashes the single biggest cause of personal injury in the United States. The numbers have escalated significantly over the last three years, as consistently low gas prices have put more drivers on the road for more hours. Insurance industry watchdogs say the United States sees about $230 billion in auto accident costs every year.

Slips and Falls, also known as Premises Liability

Right up there with motor vehicle accidents are slips and falls, leading to nearly nine million ER visits every year. The Center for Disease Control (CDC) says that slips and falls are the leading cause of non-fatal injury in individuals under the age of 20, as well as those over 65—about one third of all slip and fall hospital visits involve seniors.

Dog Bites and Animal Attacks

The CDC also reports nearly five million dog bites every year, with about one in every six requiring some type of medical treatment.

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

General Electric to Recall Thousands of Infant Warmers

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FDA Announces Action after More than 300 Complaints

General Electric to Recall Thousands of Infant WarmersThe U.S. Food and Drug Administration (FDA) has disclosed that multinational conglomerate General Electric (GE) must immediately recall around 25,000 units of its Panda i-Res and Giraffe Infant Warmers, in response to nearly 350 complaints from consumers, including two involving infants who suffered skull fractures. Thus far, no children have died because of defects associated with the products.

The infant warmers are used to provide additional heat for infants who have difficulty maintaining their own body temperatures. Most of the devices are used exclusively in hospital settings, such as neo-natal intensive care units. The warmers are designed with a flat surface on the top and panels on the sides to keep the infant from rolling out. The flat surface is integrated into the whole unit and cannot be moved or set in place separately.

According to reports, the unit weighs more than 200 pounds and is extremely difficult to move. It has handles specifically designed to help move the unit, but, in a number of situations, hospital workers have used the bedside panels (rather than the handles) to move the unit, causing damage to the latches that hold the panels shut. The injuries have been suffered when compromised latches malfunctioned and infants rolled out of the warmer onto the floor.

GE first started manufacturing the warmers in 2007. In 2019, GE sent an urgent notice to all hospitals, warning of the potential danger. GE has also indicated that it will be issuing new and improved “instructions for use” to all customers.

GE may have potential liability under a legal theory of product liability. In a product liability claim, any party within the chain of distribution may be responsible for injuries sustained as a result of dangerous and defective design, dangerous and defective manufacture or negligent marketing of a product.

Contact Attorney Howard D. Popper

To learn about how we can help you with a motor vehicle accident injury claim, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Manhattan Family to File Wrongful Death Claim for Elevator Death

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Victim Killed at Kips Bay Luxury Apartments

Manhattan Family to File Wrongful Death ClaimThe family of a 30-year-old New York man says they will file a lawsuit, seeking compensation for the Manhattan man’s accidental death on August 22, 2019. The victim, Samuel Waisbren, a native of the Milwaukee, Wisconsin area, lived at the Kips Bay apartment building, on Third Avenue in Manhattan.

According to police reports, Waisbren was in the elevator with six other passengers at the time of the accident. The others departed the elevator without incident just before it suddenly dropped, pinning Waisbren between the elevator and the shaft wall.

Other residents at the luxury apartments say there had been problems with the elevators for months. One neighbor told reporters that the elevator had a history of breaking down, that the owners were continually having it serviced, or replacing parts. City records show that, at the time of the accident, the building had an unresolved code violation related to the elevator, indicating that a component of the elevator had been tampered with and was inoperative. The city fined the property owners, but it apparently wasn’t enough for them to remedy the problem.

In New York, as in other states, the owner or controller of residential or commercial property has a duty to monitor and maintain the premises in such a way as to minimize the risk of injury to persons on the property. That duty includes a requirement to remedy all dangers about which the owner knows or should reasonably know.

Mr. Waisbren’s father and brother have indicated that there are seeking maintenance and inspection records for the elevator.

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of someone else’s carelessness, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

The Different Types of Losses in a Personal Injury Claim

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Economic and Non-Economic Damages | How Potential Claims are Valued

The Different Types of Losses in a Personal Injury ClaimWhen you have suffered injury in any type of accident, and you can show both a breach of the duty of care and causation, the focus turns to damages. Damages represent the losses suffered as a result of the carelessness or negligence of the defendant(s).

When evaluating your case, your attorney will typically look at a number of criteria to determine how much you can reasonably expect to recover in a settlement or judgment:

  • The full measure of your injuries—Will the injury prevent you from working and how long? What type of medical care or rehab will you need? Will you be forced to discontinue in activities that give you joy and fulfillment?
  • The extent to which insurance will cover your losses—This may include health, auto or casualty insurance
  • The witnesses for and against you—How credible are they? Will they be available if you go to trial? What kind of physical impression will they make?
  • Are you experiencing regular pain and suffering?

Your lawyer will typically refer to the compensation you seek as either economic or non-economic damages. Economic damages are those that are fairly concrete and usually easy to calculate. Lost wages and income, medical expenses and property damage are generally considered to be economic damages.

Non-economic damages, on the other hand, are much more subjective, but still very real. They can include the monetary value of pain and suffering, loss of companionship or consortium, or loss of enjoyment of life. Different courts take different approaches to the calculation of non-economic damages. Some judges will simply instruct the jury to be reasonable and fair, whereas others may allow the jury to take the amount of economic damages and multiply it by a factor (anywhere from one to ten) to assess non-economic damages.

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all motor vehicle accident claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

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