We offer full-service legal counsel to people who have been hurt while on someone else’s residential or commercial property, handling cases involving injuries sustained because of Icy or snowy conditions on steps, stairs, sidewalks or ramps and in parking lots, Call US at 973-993-8787 to schedule an appointment. Your first consultation is without cost or obligation.
Happy Thanksgiving 2019
“Let me encourage you to get up every day and focus on what you do have in life. Be thankful for the blessings of the little things, even when you don’t get what you expect.” – Victoria Osteen
Car Crash on Winter Roads
Hurt on a snowy or icy road in New Jersey because another driver was going too fast or didn’t properly clean off his windshield? Slippery roads and poor visibility are the two most common causes of winter car accidents. Call Howard Popper at 973-993-8787 for proven representation.
How Much Is Your Personal Injury Claim Worth?
The Factors that Affect the Amount of Your Damage Award
When another person acts carelessly and you suffer an injury, you have a right to seek fair and reasonable compensation for all your losses. Typically, in the aftermath of an accident, one of the first questions is “How much can I recover for my injuries?” Unfortunately, it’s extremely difficult to say, as a personal injury award is based on a wide range of factors. Here, however, are some of the criteria your lawyer (and the judge and jury) will use to assess the full measure of damages to which you may be entitled:
- What kind of injuries you’ve suffered and the extent to which they will permanently impact your life—Will the injuries prevent you from working again? Will you need long-term care? Will you have unreimbursed medical expenses? Will you need to retrofit your home or car to accommodate your injuries? Will you have to give up activities that have brought you joy and fulfillment? Is there any permanent pain or other medical condition?
- The extent to which the at-fault parties have insurance that will cover your losses—If there’s insufficient insurance, what are the potential avenues for obtaining compensation for all your losses?
- Your credibility and the credibility of your witnesses
- The extent to which you can provide a plausible explanation of the accident and your injuries to a judge and jury
Your total compensation will generally include what are known as “economic” and “non-economic” damages. Economic damages are easy to calculate—lost wages, unreimbursed medical bills, damaged property. Non-economic damages are typically more speculative or intangible—the monetary value of your pain and suffering or of no longer being able to do all the things you love.
In very limited situations, you may even be able to pursue what are known as punitive damages—an award specifically designed to punish the defendant for egregious behavior and dissuade others from engaging in similar conduct.
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.
Your Options When You Are Hurt by an Uninsured Motorist
Recovering for Your Losses When the At-Fault Driver is Not Insured (or Underinsured)
Though 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
Protecting Your Rights in New Jersey
If 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
“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
Your Rights When Injured by a Dangerous or Defective Product
When 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
New Provisions in Construction Code Mandate Alarms in Older Homes
According 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
The New Jersey Premises Liability Laws
In 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.
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