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Your Rights When You’ve Been Hurt by a Dangerous or Defective Product

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The Different Product Liability Claims

There’s a common misperception that all products that make it to the market have been sufficiently tested to determine whether they pose a risk of injury to consumers. That’s not necessarily true. In the rush to be the first to market, many product manufacturers take shortcuts, often with respect to any testing of the product.

When you have been hurt because of the malfunction of a product or because of exposure to a dangerous product, there are typically three potential types of legal claims you can file:

  • Claims alleging defective design — An allegation of defective design contends that the designer failed to use reasonable care to determine whether the product as designed posed an unreasonable risk of injury or harm. Such a claim does not consider whether the product was properly manufactured.
  • Claims alleging defective manufacturing — This claim alleges that, regardless of whether there was reasonable care in the design of the product, it was carelessly assembled, constructed, manufactured, fabricated or built. That may involve substandard materials, carelessness in overseeing the manufacturing process, improperly training the workers who manufactured the product or failing to properly inspect the product after manufacture.
  • Claims alleging marketing defects (also known as a “failure to warn” claim) — An allegation of defective marketing centers on whether the product contained appropriate warning labels or instructions for proper use.

Contact Attorney Howard D. Popper

To learn your options when you have been injured by a dangerous or defective product, 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.

Common Medical Diagnostic Errors

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Medical problem. Wrong diagnosis.

When you are suffering from injury or illness and seek medical care, you expect that, at a minimum, your condition won’t worsen because of medical carelessness or negligence. Unfortunately, for many reasons, far too many people suffer needless injury after receiving care from doctors or nurses. One of the most frequent involves mistake or error in properly diagnosing an illness or condition.

The Different Types of Diagnostic Mistakes

Though the diagnosis of a medical malady is not an exact science, there are situations where medical professionals act inappropriately and can be liable for damages:

  • Incorrect diagnosis/misdiagnosis — A medical professional may come to the wrong conclusion about an injury or illness. This may stem from a failure to reasonably conduct appropriate tests, from a misreading of test results, or from a lack of experience/understanding of the specific medical condition.
  • Missed diagnosis or failure to diagnose — In this situation, the doctor fails to take reasonable steps to establish that a certain condition or illness is present.
  • Failure to diagnose or check for a related injury, illness or complication—There are times when a doctor should anticipate related conditions or illnesses, but fails to do so.
  • Delayed diagnosis — If a doctor makes the right diagnosis, but the telltale signs were there for some time, there can be liability if there’s needless injury or loss.

According to statistics, diagnostic mistakes are the single most prevalent basis for a medical malpractice claim, accounting for about one of every three medical malpractice lawsuits filed.

Contact Attorney Howard D. Popper

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 medical malpractice claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

The Basic Requirements for a Medical Malpractice Claim

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woman with stomach pains
If you’ve been ill or suffered any type of injury and sought medical care, only to have your condition worsen, you may have a right to seek damages through a medical malpractice claim. There are, however, certain fundamental criteria that must be established before you can successfully prove medical negligence.

There Must Have Been a Formal “Doctor-Patient” Relationship

Before you can bring legal action against a medical professional, you must show that you sought the doctor or nurse out and that he or she agreed to provide medical care. You can’t bring a lawsuit for advice you overheard at a social event or that you read about in a magazine. If a medical professional has treated you directly, that’s typically easy to prove.

You Must Show That the Medical Professional Failed to Meet the Standard of Care

A medical professional does not have an absolute duty to cure you or even bring about any improvement in your health. He or she must only act as a reasonable professional, with similar training and experience, would do in the same geographic location. This standard is customarily determined through the testimony of medical experts.

You Must Show That the Breach of Duty Caused Your Injury

If you suffer injury after receiving treatment, you must typically show that it’s more likely than not that the injury was caused by the wrongful conduct of the medical professional. This can be particularly difficult if you are already suffering from a serious medical condition.

You Must Show Specific Losses

You can only recover compensation if the medical professional’s conduct caused you to suffer losses you would otherwise not have suffered. For example, if there are additional unreimbursed medical expenses resulting from the wrongful acts, those may be covered. Specific damages typically include pain and suffering, mental suffering/anguish and lost wages and income.

Contact Attorney Howard D. Popper

To learn your options after suffering an injury due to a dangerous or defective product, 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.

Your Rights after Suffering Injury in a Mass Transit Accident

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Train derailment

The Duties of a Common Carrier

Buses, light rails and commuter trains offer many advantages to consumers. You don’t have to worry about parking, you can minimize wear and tear on your personal vehicle (if you even need to own one), and most forms of public transportation are generally safer than traveling in your own car. But what happens when you are injured in an accident involving a bus or train? Can you still take legal action to protect your rights?

The Concept of a “Common Carrier”

As a general rule, when you are hurt in a motor vehicle accident, any lawsuit you file to recover for losses will be based on a general theory of negligence. To show negligence, you must prove that the person causing the accident “breached” or failed to meet a duty to act reasonably under the circumstances.

When the accident involves public transportation, however, that duty is somewhat different. An injured party must still show negligence or breach, but the duty is higher, under the legal principle of “common carrier” liability.

Under the law, a common carrier is anyone or any business that provides public transportation, including buses, trains and taxi cabs. It can also include limousine services or school buses, depending on state laws. In most states, a common carrier is required to exercise “the highest degree of care” to ensure the safety of passengers.

It’s important to understand, however, that the duty imposed does not amount to absolute or strict liability. The injured party must still show that the carrier failed to meet the expected standard of care.

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 Product Liability Claims

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production lineWhen you purchase a product online or in a bricks and mortar store, you expect that the manufacturer or marketer of the product has properly tested it to ensure that it doesn’t pose an unreasonable risk of injury to the public. Unfortunately, that’s often not the case—in the rush to be the first to market, many designers and product manufacturers cut corners, often with respect to testing. In addition, too many companies fail to provide warnings about dangers they actually know about. Nonetheless, they wrongfully allege that there’s an “explosion” of product liability lawsuits in the United States. The reality—less than one of every 40,000 lawsuits filed annually involve dangerous or defective products.
Under the law, there are three distinct grounds for a product liability lawsuit:

  • Negligence or carelessness in the design of a product—Before a product ever goes into production, it’s an idea. Some ideas don’t translate well to products, as there’s simply no way to manufacture them in a way that makes them safe. Others need to be redesigned to ensure they don’t pose an unreasonable risk of harm to the public. With an allegation of negligent design, the injured person is not necessarily questioning the quality of the manufacturing, but arguing that the design itself posed the unreasonable danger. For example, a motor vehicle with a high center of gravity may be unreasonably susceptible to rollover because of the design.
  • Negligence or carelessness in the manufacture of a product—Here, the injured party alleges that some component of the manufacturing of the product caused the injury. It may have been substandard parts or poor craftsmanship, or the manufacturer may have failed to properly monitor the process. The cause of the injury, under this allegation, is a breakdown in the manufacturing process.
  • Negligence or carelessness in the marketing of a product—If a company knows or should know of danger associated with a product, but fails to provide adequate notice with the product, there can be the basis for negligent marketing claim.

Contact Attorney Howard D. Popper

To learn your options after suffering an injury due to a dangerous or defective product, 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.

Why You Need an Experienced Attorney When You Suffer a Serious or Catastrophic Loss

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catastrophic injury In any accident, the losses can be significant. You may be out of work for days, weeks or months and medical expenses can escalate in a hurry. When the type of injury is serious or catastrophic, though, it’s extremely important to have an experienced lawyer to help you get full and fair compensation.

What Is Serious and Catastrophic Injury?

Serious and catastrophic injury is typically characterized by the severity of the injury/suffering, as well as the length of time that the injured person will be affected. A lesser injury that is nonetheless permanent may still require the skill and knowledge of an attorney who has handled serious and catastrophic loss claims.

Typically, serious and catastrophic loss includes traumatic brain injury (TBI), spinal cord injury, paralysis, paraplegia or quadriplegia, burns, broken bones, permanent scarring or disfigurement, and amputation or loss of limb.

The Consequences of a Serious or Catastrophic Injury

As a general rule, the more serious the injury, the more care that will ultimately be required to treat the injury. In addition, the more the injured person is likely to suffer during the remainder of his or her life. Not surprisingly, the evidence to support such claims is typically more complex. An attorney handling such a case must have a clear sense of the type and cost of treatment the injured person will require, now and in the future. Furthermore, the lawyer must be aware of any damage caps that apply in the state where the lawsuit will proceed, as well as the types of damage caps. Many states have placed these limits on so-called “non-economic” damages, such as pain and suffering and loss of enjoyment of life.

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.

What Happens When a Pedestrian Is Injured While Illegally Crossing the Road?

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jaywalking

Can a Jaywalking Pedestrian Recover Damages after Being Hit by a Car?

When a motorist drives carelessly and hits a pedestrian, the consequences can be serious and catastrophic, and often tragic. The driver may have turned a corner without looking to see if someone was in the crosswalk, or may simply have been driving too fast under the conditions. But what happens when a pedestrian crosses the road in the middle of the block or otherwise in violation of the law or safety guidelines? Is the driver off the hook? Not necessarily.

The Concept of “Shared Fault”

Both drivers and pedestrians are obligated to follow the law. Drivers must obey speed limits, stop at all appropriate signs or signals, and use appropriate caution in all situations. Pedestrians are typically required to cross at corners or in crosswalks, and are often not allowed on certain parts of high-speed roads.

A pedestrian who violates one of the laws governing crossing or traveling along a road may be partially liable or wholly liable for injuries suffered. If a person steps out in front of a car (illegally) and the driver engaged in reasonable actions, but could not avoid the pedestrian, the pedestrian will likely be considered entirely responsible for his own injuries. If, however, the driver was not acting reasonably or failed to act reasonably after observing the pedestrian, the fault may lie with the driver, or it may be shared between the parties.

In New Jersey, when both parties have some degree of liability, the concept of comparative negligence applies. With comparative negligence, the court determines the full amount of the losses suffered by the injured party, identifies the degree to which the injured party caused the accident, and reduces the damage award by that percentage. New Jersey has adopted what is referred to as “modified comparative negligence.” Under the comparative negligence statute in New Jersey, an injured party must be less than 50% responsible for the accident in order to recover any compensation.

Accordingly, if a person jaywalks in front of a car in New Jersey, but the driver has ample time to stop, slow down or avoid the pedestrian, but unreasonably fails to do so, the driver may be fully or partially liable.

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.

Motor Vehicle Accidents in Winter Weather

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commercial truck in snow

The Common Causes of Commercial Truck Accidents

Statistics show that about 25% of all motor vehicle accidents in the United States occur in snowy or icy weather, as motorists experience difficulties controlling their vehicles or fail to properly clear their vehicles of snow and ice. Because of those concerns, New Jersey has enacted specific laws regarding winter driving. If you violate the law and are in a crash, you may compromise your rights to compensation for your injuries.

The Requirement that You Remove Snow and Ice from Your Windshield

Under New Jersey law, you cannot operate a motor vehicle on the road if you have failed to clear the windshield of any accumulation of snow or ice. If a police officer observes you driving with your view impaired by ice or snow, you can be stopped and issued a traffic citation. The fines for driving with a view impaired by snow or ice range from $25 to $1,000, and apply to all types of motor vehicle operators, including commercial truck drivers.

Negligence in Winter Driving

Under the basic legal principle of negligence, all persons are required to use reasonable care in all actions, including driving a car. What qualifies as reasonable depends, in part, on the circumstances. Accordingly, when there’s an accumulation of ice or snow on the roads, most courts of law will agree that it’s reasonable to:

  • Make certain all windows are snow and ice-free, and that your heater/defroster operate properly
  • Operate your vehicle at lowers speeds
  • Ensure that your tires have adequate tread to travel through the snow and ice and to stop in a timely manner
  • Avoid any distractions, including cell phones or handheld devices

Contact Attorney Howard D. Popper

To learn your options after suffering an injury in a commercial truck accident, 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.

Injuries Caused by Snow and Ice—The Duties of Property Owners in New Jersey

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snow on stoops slip and fall injuries

Injuries Caused by Snow and Ice

The Duties of Property Owners in New Jersey

It’s winter in New Jersey and accumulations of snow and ice are common. Under New Jersey law, property owners must take reasonable steps to minimize the risk of injury to anyone legally on the property. What duties does that impose with respect to the accumulation and removal of snow and ice?

The duties with respect to the maintenance of real property extend not only to owners, but to anyone who exercises control over the premises, including a landlord, tenant or property manager. The obligation, however, is not an absolute one—the person with control of the property must only engage in reasonable acts to ensure visitor safety. Accordingly, there’s no requirement that sidewalks, steps, eaves or roofs be completely free of snow or ice. It may, however, be reasonable to expect that a property owner will monitor the weather, either through active observation or the use of weather forecasts, in order to anticipate and respond to dangerous weather conditions.

Other reasonable measures may include:

  • Applying salt, sand or other substances on a regular basis, or to have buckets of sand or salt available near places that accumulate snow or ice
  •  Engaging a plowing or snow removal service to actively monitor and respond to accumulations of snow or ice
  •  Assigning a specific employee to monitor weather conditions and to remedy snowy or icy conditions as soon as possible

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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