New Jersey Accident and Injury Law Blog : New Jersey Injury Lawyer & Attorney : The Grossman Law Firm : Serving Monmouth County, Bergen County

Renowned CNN anchor Anderson Cooper has been named in a lawsuit filed by a New York City interior designer. The lawsuit arises out of a slip and fall accident that the designer blames on Cooper.

The accident occurred last September at Cooper's new home. The anchor had recently purchased a house that earlier used to be a firehouse. On the day of the accident, the interior decorator Killian O’Brien was at the home when she fell through a gaping hole that earlier held the fire pole. Apparently, someone had removed the covers of the hole before O'Brien arrived on the premises. It was a 17-foot fall for O’Brien, and she was injured. Her lawyer claims the fall could have killed her. O'Brien has filed a lawsuit against Cooper.  

Cooper may find that leaving his premises dangerously unsafe for visitors or guests, can be quite expensive. A 17-foot fall could have left O’Brien seriously injured, or even dead. This woman is extremely fortunate that the slip and fall accident did not result in more serious injuries.

A slip and fall accident can leave a victim suffering from serious injuries. These include

• ·         Concussions
• ·         Contusions
• ·         Fractures
• ·         Spinal cord injuries
• ·         Head injuries
• ·         Brain injuries
• ·         Sprains
• ·         Strains

The victim may require weeks and months of hospitalization, surgeries and extensive physical therapy and rehabilitation. There may be extensive losses, including medical bills and days lost from work.

Scott Grossman is a New Jersey slip and fall accident lawyer representing victims injured in slip and fall accidents in the state of New Jersey.

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As a New Jersey premises liability lawyer, it was very encouraging for me to read this report about a safe and fun summer season at New Jersey’s theme parks this year. For the first time in more than a decade, there were no injuries at any of the state’s amusement parks.

Last year, there had been 6 amusement park injuries that required hospital care, and more than 150 cases of bumps and bruises. This year, there were no serious injuries at all, and the number of minor injuries like bumps and bruises was lower at 147. According to Cynthia Wick, who is the director of the New Jersey Division of Codes and Standards, this year’s injury free summer at amusement parks was a result of several factors. These include training for employees on specific rides, and better coordination and monitoring of employee training. There have also been more detailed inspections of rides over the last few years. 

In 1997, which was one of the worst years for New Jersey theme parks, there were 24 people who suffered serious injuries. The following year, then-Governor Christy Whitman signed a bill calling for annual park inspections, and giving the state authority to close down unsafe rides and set tougher fines for operators.

These measures have helped bring about some control over those runaway injury numbers. In 1998, there were 16 serious injuries, and the following year that number dropped to 12. Not that tragedies have been unheard of since then. In 2005, a 14-year-old girl drowned at a theme park in Ocean City. The same year, a mechanic who was inspecting a ride in Lacey Township, suffered an electric shock, and died. Since then, however there have been no fatalities in our theme parks.

As a consumer, you can do your bit to avoid injuries in a theme park.

• Avoid old and poorly maintained rides.
• Observe the operator to see if he is competent.
• Avoid carnivals and amusement fairs, and other temporary rides that look shabby or old.
• Follow ride operators’ instructions.

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Slip and fall injuries are expected to increase in number as the baby boomer generation ages. That’s because the elderly are more at risk of being injured in slip and fall accidents. That, and other facts and solutions are contained in a new white paper by insurer CNA.

According to the report, annually fall accidents kill more than 16,000 people in the country. Besides these, more than one million people are injured every year. Most of these accidents are caused because of factors like poor walking surface, lack of visibility, poor accessibility, and weak hand rails and guard rails.

According to the National Floor Institute, the number of seniors in the country between 2005 and 2020 is expected to increase from 35 million to 77 million. Not only are these people more likely to slip and fall injuring themselves, but the cost of treating these injuries is higher for an elderly person than for someone younger.  As Bergen County premises liability attorneys frequently see, the kinds of fall injuries that elderly people face are also the number one reason they have to be hospitalized.

The insurer has a wealth of tips for owners of commercial properties to reduce their claims figures by making premises safer. Suggestions include installation of high traction flooring material that is resistant to slipping. If an existing floor increases the risk of slipping, CNA suggests using surface treatments, replacement of the floor, and carpeting to reduce the risk. The National Floor Safety Institute has a range of recommended flooring materials that can reduce slipping. Besides, premises should be well lit, and stairways should be especially safe to use. Staff must be trained in cleanup of spills as soon as they occur.

According to 2000 statistics, most of the time, premises injury lawsuits are won by plaintiffs. Besides, the average compensation awarded to plaintiffs has also risen steadily.

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A law enacted after the death of the granddaughter of a former Secretary of State went into force a few weeks ago, but indications are that not everyone is rushing out to get their pools fitted with the new safer drain covers yet.

The Virginia Graeme Baker Pool and Spa Safety Act was signed by President Bush in 2007, and came into force in December of 2008. The act was named in memory of Virginia Baker, granddaughter of former Secretary of State James Baker who drowned after being sucked down and pinned against a drain cover in a hot tub in the family yard. It was a horrific example of how these drain covers that work silently to filter the water and keep the pool clean, can actually suck a child or even an adult down with staggering force. Adults have been sucked down by the drain covers, unable to pry themselves loose, and several reports of children who have been mutilated and disemboweled after sitting on an open drain cover have emerged over the years. 2007 was also the year another little girl, six-year old Abigail Taylor of Omaha lost part of her intestinal tract in a horrific case of disembowelment by a pool drain cover. She died in 2008, and her parents sued the golf club where the accident occurred.

Barely a month after the Virginia Graeme Baker Pool and Spa Safety Act came into force, there continue to be hundreds of thousands of pools, hot tubs and spas around the county that are still fitted with the older, unsafe drain covers. The older covers were flat, while the newer ones come domed and with smaller openings that make it harder for fingers, hair and bits of clothing to become snagged. The cost of installing these covers can range from $1,000 to $10,000, and they are completely out of stock in many parts of the country. Part of the problem seems to be that the new safer drain covers were only produced and tested after the Act was signed in 2007, and manufacturers are facing a massive backlog of orders since the law came into force in December.

According to the Wall Street Journal, close to 80 percent of pools and spas in the country continue to be equipped with the older flat covers. That's bound to be alarming to parents whose children regularly use public pools, and even more alarming to pool owners who face the risk of negligence and premises liability lawsuits in case of an accident in their pool.  In some cases, pool owners are doing the smartest thing to do under the circumstances - shutting down their facilities till they can have the new drain covers delivered and installed, to avoid the possibility of hearing from a premises liability lawyer after an unfortunate event.

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A New Jersey court has overturned the ruling of a Middlesex County judge throwing out the case of a man who was injured from a fall in a vacation rental. Hermes Reyes was only a few days into a holiday at a vacation home in Stone Harbor in Aug-Sep 2003 when the slip and fall accident occurred. As he opened the glass sliding doors of his bedroom to walk out onto the deck, a 7-inch gap between the bottom of the door and the wooden platform of the deck, caused him to miss a step and fall to the ground. There was no guardrail for him to grab to break his fall. The accident left Reyes with serious injuries.  

Reyes' personal injury lawyers filed a  lawsuit against the owners of the rental property Harry and Holy Egner, but Middlesex County Superior Court judge Vincent Leblon ruled that Reyes could not seek damages against the owners. Now, an appeals court has overturned the ruling, allowing Reyes's lawsuit to go ahead. In the judgment, the panel ruled that there was a difference between short term renters who rent for the purpose of a vacation, and long term renters like tenants. This distinction between short term and long term renters hadn’t been made before this ruling. The ruling however, has upheld that the real estate firm that was responsible for brokering the rental deal could not be held liable for any damages arising out of this premises injury lawsuit. Reyes is planning to appeal this point. It will be interesting see how that pans out, and if a real estate firm can also be held liable for property code violations on the property of the owner. 

New Jersey's premises liability laws make it mandatory for commercial space owners to ensure that their properties are reasonably safe. Owners can be held liable for any injuries that occur on their property.  Examples of how you can be injured on another person's property include

• A slip and fall accident on a wet and slippery floor
• Falls because of insufficient lighting
• Falls because of standing water, snow or ice
• Falls on elevators or stairways that are improperly designed or have broken steps

Damages can be claimed like with any other personal injury lawsuit, including compensation for medical bills, pain and suffering, lost wages etc. If you've been injured on another's property, you may be able to claim compensation for your injuries.   Contact a New Jersey premises injury attorney to evaluate your options for compensation.

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