Food Poisoning and Personal Injury

Just about everyone has had food poisoning at least once in their lives, and suffice it to say, it is highly unpleasant. The question is, can food poisoning caused by another’s negligence offer grounds for a lawsuit?

Food Poisoning and Personal InjuryUnfortunately, it is common and often difficult to differentiate between food poisoning and the flu, as their symptoms are similar. What many people do not know is that food poisoning can serve as a catalyst for chronic conditions that are debilitating and can cost a fortune in medical treatments. Considering a personal injury lawsuit due to food poisoning may be the correct answer for you.

What is Food Poisoning?

It is a food-borne illness that occurs when one ingests spoiled, contaminated, or toxic food or drinks.

What Are the Different Strains of Food Poisoning?

According to the CDC, there are approximately 250 strains of food-borne illnesses, but most of them are variations on a theme:  salmonella, E.coli, norovirus, and listeria.  One in every six Americans is suspected of having experienced food poisoning at least once each year, and the majority of cases are in the spring and summer.

Salmonella – The leading strain of food poisoning, with about 1,000,000 cases a year, usually caused by consuming contaminated uncooked chicken, eggs, tainted produce, and poultry. A rare form of salmonella can cause typhoid, which is very serious. Symptoms include cramps, diarrhea, and fever and can last 4 to 7 days. If the symptoms continue, antibiotics are required, and hospitalization could be necessary.

E.coli–  There are healthy and harmful strains of E.coli in human and animal intestines, but the harmful kind can be found in soft cheese from raw milk, produce, and uncooked beef.  Symptoms include diarrhea and stomach cramps. The most dangerous strains can cause bloody vomiting and diarrhea, kidney failure, and seizures, requiring immediate hospitalization.

Norovirus– Although it is one of the more benign types of food poisoning, it is highly contagious. It can be spread in water, person to person, on surfaces, and food contamination. Symptoms of Norovirus are nausea, vomiting, diarrhea, and fever. The greatest danger with Norovirus is for young children and seniors who can become dehydrated in a short period. Curiously enough, this virus is found on cruise ships occasionally due to its rapid propagation and resilience to extreme temperatures; the floating neighborhood is an ideal spot for it to spread.

Listeria– This strain of food poisoning is much less common but also a lot more serious. It has a mortality rate of 20-30%.  The majority of sufferers are pregnant women, children, and the elderly.  They are commonly placed on IV antibiotics and hospitalized for several days. Their symptoms include a high fever, confusion, convulsions (induced by the fever), vomiting, and weakness in the extremities. The causes are unpasteurized milk products and tainted raw meat.

Overall Treatment for Food Poisoning

For the most part, food poisoning can be treated at home. The key is to stay hydrated and get the electrolytes you need to keep your organs functioning properly. Sports drinks with electrolytes, coconut water, and clear broth are good options and can be ingested as little as a spoonful every 20 minutes. Avoid irritants such as caffeine, carbonated beverages, or dairy products.

If, however, your symptoms worsen, your mouth is dry, and you feel very weak, you are short of breath, have had a high fever for more than 48 hours, or had Bloody stools or vomit, medical intervention is necessary as you may have an infection.

Can I File an Injury Claim For Food Poisoning?

Personal Injury and Food Poisoning Attorneys in Princeton, NJProving that last night’s steak dinner is what has you sick today is not as easy as it seems. Most of the time, you will be told that you had the flu. As some of the symptoms are similar, that is a possibility.  Food poisoning can give you symptoms as early as within 2 hours of having consumed the tainted food.

The easiest way to prove that you had food poisoning is if others were made ill at the same time as you were. A good example of this is the previously mentioned cruise. If many passengers are getting sick with the same symptoms simultaneously, you may have a case.  Grocery stores or mini markets that don’t pull items from their shelves after being warned by the CDC that they may be contaminated leave themselves wide open for a personal injury suit.

Some people who have had food poisoning develop IBS, Reiter’s Syndrome (a kind of arthritis), or other chronic digestive ailments.  If your doctor can connect one to the other, you may be able to file a claim for financial damages from the party responsible.

Do I Have a Food Poisoning Case? Find out by calling our offices for a free consultation with our NJ Injury Attorneys.

The most important key to having a case is evidence. Your best bet is to meet with an attorney and map out an outline of precisely what happened and when. Be sure to have all medical reports, lab tests, and other evidence, such as photos of products and their serial numbers or expiration dates.

If you suspect you had food poisoning or know someone who has, and you believe that the business responsible should be held accountable for their carelessness, it is time to meet with a personal injury attorney who is knowledgeable and experienced in this field.

Food poisoning can cause a significant threat to your health; sometimes, it can even become life-threatening. Kamensky Cohen & Riechelson is a law firm that will work with you personally to build your case. We serve clients throughout Mercer County, Middlesex County, and Somerset County, in towns like Carteret, Dunellen, Monroe, Ewing, Hamilton, and nearby places.

Call us today for a free consultation at (609) 528-2596 in New Jersey or (215) 337-4915 in Pennsylvania. Let’s discuss how we can get you the compensation you deserve for your food poisoning matter.

Top Not So Terrifying Tips for Halloween: Driving, Pedestrian Safety & Premises Liability

As a kick-off to the end of the year seasonal fun, Halloween is a treat for costumed children eager to stock up on tasty sweets and families hoping to share the holiday fun with their neighbors and other community members.

Top Not So Terrifying Tips for Halloween in NJ: Driving, Pedestrian Safety & Premises LiabilityWhile children will focus on the excitement, compare costumes, and fun of the day, parents and caregivers will need to be extra vigilant about speeding or negligent and distracted drivers on the road, to ensure the evening ends as a happy and safe holiday for everyone, motorists included. Although this year some families may opt for fewer trick-or-treating hours, avoiding going in large groups or staying closer to home due to COVID-19 fears, fewer costumed children on the streets may make it easier for motorists to keep an eye out for especially little children darting into the street, crossing through parking lots, stopping suddenly in the street to pick up dropped items or walking unsupervised in small groups along the streets.

Halloween has been referred to as the ‘perfect storm’ of risk, because of the limited visibility as a result of darkness or poorly lit streets, significant pedestrian traffic, and various other distractions. According to 42 years of data examined by the Journal of the American Medical Association Pediatrics the risk of pedestrian fatalities is roughly 43% higher on Halloween. As compared to other times of the year, the most significant risk and the increase was among children ages 4-8 years, where there was a 10-fold increase in Halloween pedestrian fatalities.

The New Jersey State Police listed the top factors in fatal pedestrian accidents as distracted driving, impaired driving, and speed. Between January 1 to October 6, 2021, more than 141 pedestrians have been killed in accidents with motor vehicles. According to recent NHTSA data, that is a 13.1% increase in pedestrian fatalities over this time in 2020.

If you or a loved one was recently hit and injured or killed by a vehicle, you may be able to file a pedestrian accident injury or wrongful death claim against that vehicle’s driver. At Kamensky Cohen & Riechelson (KCR), our dependable lawyers have decades of experience handling personal injury claims for clients across New Jersey and Pennsylvania. We know how difficult these cases are, and we do our best to provide compassionate and thorough legal representation for the family of the victim. When someone is killed, he or she leaves behind a huge emotional gap, and our job is to get fair compensation from the responsible parties to allow the family to heal and to provide for their future.

Typical Accident Injuries Which Make Halloween Dangerous For Children and Adults

Common accidents and injuries that occur on Halloween are:

How Pedestrians Can Avoid Being Injured While Trick-or-Treating During Halloween in New Jersey

In accordance with NJ Rev Statute 39:4-36 and Title 75, Chapter 35 of the Pennsylvania Consolidated Statutes, pedestrians have the right of way in a crosswalk. On Halloween, the National Highway Traffic Safety Administration (NHTSA) recommends that pedestrians:

  • Halloween Pedestrian Accidents in New Jerseyfollow the rules of the road and intersections, crossing only at the corner and observing traffic signals
  • make sure traffic has stopped or passed by before stepping into the street
  • walk on the sidewalk if one is available and walk as far to the side as safely possible facing traffic if there isn’t
  • wear light or brightly colored costumes that are clearly visible to motorists
  • wear sturdy shoes which fit properly
  • make sure costumes are short enough to prevent one from tripping or falling over
  • trim or decorate the moving parts of the costumes (arms, legs, feet) and treat bags/candy containers with reflective tape which will glow or strongly reflect in the beam of a car’s headlights
  • carry a flashlight or strobe light to aid motorists in detecting, identifying, and reacting to them

With pedestrians over 21, for whom alcohol may play a role in their Halloween festivities and impair judgment, balance, and reaction time, it is recommended that they create a “buddy system” and plan a way to get home safely (i.e., designated driver, rideshare, arrange a safe spot to be picked up, etc).

8 Things Motorists Can Do To Make the Roads Safer For Halloween Pedestrians in NJ

A USDOT review of Pedestrian Safety Research in the US and Abroad stated that parents overestimate their children’s ability to handle street crossings in terms of what they know and how well they will perform. This study cited earlier research that indicated that roughly 75 percent of child pedestrian-related automobile accidents occurred at non-intersection locations, and that number increased to 85-90% among children under 5; who were most likely to run into the street at midblock locations.

The other group highest at risk during Halloween according to the NHTSA, are younger drivers (21-34 years old), who are often inattentive, drowsy, and accounted for nearly half of all deaths in drunk-driving/DWI crashes on Halloween night.

With this in mind, during the early evening and late hours of Halloween, drivers should:

  • be prepared to stop for children crossing the streets even if they’re not at an intersection
  • drive below the speed limit in residential areas to give themselves more time to react
  • reduce or eliminate audio distractions like the radio or the telephone
  • exercise extreme caution when entering or exiting driveways, alleys, driving into a parking lot, backing out, or turning
  • contact law enforcement personnel if they see an impaired, drunk, or injured person on the road
  • keep their windows and side mirrors clean
  • make sure their headlights are on and properly functioning
  • not drink and drive.

Avoiding Liability on Mischief Night Or Halloween: Duty of Care for Trick-or-Treaters

Halloween and Premises Liability attorneys, Trenton NJ As a homeowner or landlord, you may find yourself liable if any injuries or accidents are caused by the condition of your property. As such you have a duty of care to make your property, walkways, or premises are reasonably safe for trick-or-treaters and even those who may trespass onto your property.

Either because of decorations or signage on your property which can be seen as an invitation, “premises liability” means you are legally liable for the safety of any “guests” injured on your property. Since your “guests” expect your property to be reasonably safe, if they are injured by a dangerous condition on your property that you knew or should have known about, and you failed to remedy or warn of them of, you could be held liable for damages.

As such, if a trick-or-treater or an adult supervising them slips, trips, or falls on your property, your bodily injury liability coverage may be sufficient. So, to improve your home’s safety and reduce your premises liability:

  • be mindful of the type of decorations you have and where they are placed
  • use battery-powered light sources for decorations
  • avoid dry combustible materials like corn husks
  • keep all entrances and exits free from obstructions
  • keep pets away from the front door, as unknown sounds or sights can overwhelm them
  • make sure the external area of the property is properly lit so children and adults can see the path to and from your door or container of treats, and
  • even if you’re not participating in trick-or-treating, turn off the exterior lighting and keep all walkways clear so children who may still knock at your door, may safely enter and exit your property.

NOTE: In cases of Mischief Night mayhem, most basic homeowners’ policies cover damages to your home caused by vandalism.

What To Do If You are Injured on Residential or Commercial Property During Halloween

  • seek medical attention as soon as possible
  • use your mobile phone to photograph and accurately document the scene and any conditions (i.e., decorations, lighting, etc) that contributed to the injury accident
  • collect the names and contact details of any witnesses
  • inform the homeowner, landlord, or property manager of your injury but limit discussions that could verbally or physically escalate the incident
  • contact an experienced personal injury accident attorney
  • DO NOT sign any liability waivers or medical release forms prior to consulting an attorney

Our attorneys at KCR can assist in alleviating your stress by dealing with the insurance companies so you can focus on getting better and getting the help you need. If you have been injured, contact our firm to discuss your case and representation for your personal injury claim.

Consult our Personal Injury Accident Lawyers in Trenton or East Brunswick Today

At Kamensky Cohen & Riechelson, our dependable and compassionate lawyers have more than 40 years of experience handling pedestrian, auto accidents, and personal injury claims for clients across New Jersey and Pennsylvania. We understand the nuances of each state’s traffic and liability laws and are well-informed about pertinent changes thereto. If you trick-or-treat in the streets of Titusville, Pennington, Fairless Hills, Newtown, Hopewell, Princeton, or Florence and need our services, don’t be scared and contact us.

Our resourceful attorneys are poised to prepare and pursue maximum compensation for your injuries on Halloween or any other day of the year if someone else is responsible. We have decades of experience handling personal injury lawsuits on behalf of the injured and their loved ones, as we passionately commit ourselves to advocating for clients every step of the way and navigating the pitfalls of these complex legal matters. Contact us online or by phone today at (609) 528-2596 from New Jersey or (215) 337-4915 to arrange a consultation with an experienced Pennsylvania and New Jersey personal injury lawyer.

As always, we take the majority of cases on contingency. This means, if we don’t win, you don’t pay.

Whiplash Injuries in Personal Injury Cases in New Jersey

One of the most common soft tissue injuries arising from a motor vehicle accident is whiplash.

Whiplash Injuries in Personal Injury Cases in New JerseyIt is not uncommon to leave the scene of a motor vehicle accident with soreness, maybe some aches and pains. Sometimes, however, it takes a day or two for the physical effects to show up. Soft tissue damage, such as muscular strains, is what many accident victims suffer. When your car is hit hard enough from behind to impact the spine, you may injure your neck when it is bent forward and backward or backward then forward by force. The extent of the whiplash may depend on the impact location, directly in the center rear or angled left rear or right rear. But any activity that violently forces the head forward and back or vice versa, like sports injuries, slip and falls, physical beatings, and roller coaster type rides, can cause the condition. All causes considered, whiplash affects the muscles, nerves, tendons, and discs in the neck.

Most Common Whiplash Symptoms in Ewing, NJ

Typical whiplash symptoms involve the neck but can also affect other body parts when pain radiates from the neck to your extremities or up to your brain. For example, you may experience neck or shoulder pain and stiffness that causes or occurs with low back pain. In addition, an injury in the cervical spine can affect the lower regions of the spine, such as the thoracic (middle) or lumbar (lower) spine. Other symptoms include pain or numbness in the arms or hands when connecting nerves reaching the neck and shoulder and impinge on blood flow to the extremities. You may also experience neck and brain-related symptoms, such as headache, dizziness, tinnitus (ringing in the ears), blurred vision, irritability, fatigue, and trouble sleeping and concentrating. Moreover, your memory may fail you. These symptoms appear like other conditions, so examining physicians must run tests for a correct diagnosis.

When you suffer a collision on the road or other accident, you probably want to visit your physician right away for a complete physical exam and review of your medical history. Your physician may want to rule out other causes for your aches and pains, especially involving the neck and spine. For example, similar symptoms appear in arthritic patients. Running tests like x-rays to check for bone fractures or tissue problems is a common first step. But an x-ray may not show soft tissue injury, so your doctor may order MRI, DTI, PET, and CT scans for a more detailed look at the soft tissue (muscles and ligaments), bones, brain, and other organs. Ruling out other cervical and other pain sources, a radiologist and physician can review the scans for any significant damage, such as fractures, tears, or breaks. If not, whiplash may be the diagnosis.

Whiplash treatment and recovery process, East Windsor

Whiplash and Type of Collision in Trenton NJWhile many whiplash patients feel better after a few weeks, more severe whiplashes may need more treatment. If your pain is intense, the neck stiffness comes and goes, tingling, weakness, or numbness in the shoulders or limbs appear, or loss of bladder or bowel control arises, you may require various treatments. Depending on your medical history, age, and health, your doctor may prescribe multiple treatments at specific times in the healing process. So, considering the severity of the injury, medication allergies, sensitivity to pain, and preferences, your doctor may first prescribe ice to relieve pain in the first day or two after injury. Then, to stabilize the neck and decrease the incidence of pain, they could send you home with a neck brace. And once healing begins and the pain lessens, gentle exercise with anti-inflammatory medication, muscle relaxation exercises, physical therapy, massage, acupuncture, electronic nerve stimulation, or chiropractic adjustment may be next in the healing process.

Whiplash injuries typically resolve over a few days to weeks or months unless complications arise. Unfortunately, some violent collision survivors suffer headaches and intermittent or chronic pain for years after an incident. When stretched ligaments, displaced discs, and injured neck joints are the source of the pain, doctors may treat the symptoms with pain management, physical therapy, or surgery. But some continued pain after whiplash is inexplicable. Some suffer for years long after an accident. And living with whiplash complications may deeply diminish a person’s quality of life.

Importance of Whiplash Medical Reports in NJ Negligence Cases

If you need whiplash treatment due to another’s negligence, you want to make sure your doctor concludes in their reports that the accident caused or likely caused your injury. Negligence may be inattentive driving, failing to clean up a spill on supermarket floors, physical assault, abuse, or unnecessary violent play in sports. Insurance companies that typically pay for personal injury claims against drivers, businesses, or other organizations need medical verification and proof that the injury the claimant suffers is from an accident caused by the insured. In addition, insurance companies may raise defenses to payment on claims that the injured party had other injuries, pre-existing conditions, or causes of their pain and injury. For this reason, a personal injury victim must see their doctor soon after an accident and narrate what occurred in the accident, and chronicle the symptoms. All of this is highly valuable information for your personal injury lawyer who is handling your claim.

Keep track of your Medical Expenses after Whiplash Injury

Keep track of your Medical Expenses in West Windsor, NJIt is also essential to keep track of the out-of-pocket expenses you have paid since the accident. For example, you may pay co-pays for doctors, radiologists, chiropractors, acupuncturists, physical therapists, and lab technicians if you have insurance. If you do not have insurance, those costs are all out of pocket. And attending the various doctor and therapy appointments may result in days off work that are either unpaid or paid sick days. In addition, you may pay for pain medications and a cervical collar. And through the healing and treatment, you may suffer pain in living your daily life. With whiplash, the simplest actions you take for granted, like turning your head to see over your shoulder when you back out of a driveway, are painful and prevent you from doing your normal activities.

All of the information you track, including a journal of your pain and difficulties performing daily tasks, is vital to your attorney. And you will need an attorney to represent you since without one; the insurance company will attempt not compensating you for your damages, including your medical, therapeutic, and pharmaceutical costs, as well as your economic losses from days off and sick days or vacation pay lost due to the accident.

Have you suffered whiplash injuries due to an accident? Contact the Personal Injury Team at KCR for a free initial consultation at our Trenton office.

At Kamensky, Cohen & Riechelson our dedicated personal injury attorneys use the medical expenses, property damage, financial losses, and pain and suffering from the accident to demand compensation for your injuries. If the insurance company refuses to pay or does not agree to compensate you fully, making you as close to whole as you were before the accident, we make proceed with the lawsuit in court, beyond settlement negotiations, and take your case to trial if necessary.

Be sure to find an experienced personal injury lawyer to help you with your whiplash claim. If you reside or have suffered an accident in or nearby Hamilton, Hightstown, Hopewell, Princeton, or Lawrence, call 609-528-2596 at our local Trenton office for a free consultation and to discuss your case today.

Worst States to Drive – New Jersey and Pennsylvania Make the List

Learn more about what one report found about some of the country’s best – and worst – places to own and operate a vehicle.

Worst States to Drive - New Jersey and Pennsylvania Make the ListWhat makes a good place to drive? Well, WalletHub has developed 31 key metrics across four main categories for determining which are the best – and which are the worst – states in which to drive. In its 2021 annual report Best & Worst States to Drive, Wallet Hub compared states across the four categories of traffic and infrastructure, cost of ownership and maintenance, safety, and access to autos and auto maintenance. Some of the breakout metrics include road quality, rush hour traffic, the prevalence of auto mechanics, auto maintenance costs, and average gas prices.

So how did Pennsylvania and New Jersey rank? Well, according to the report, New Jersey is the 42nd best state to drive in according to WalletHub’s 31 key metrics — this means that it’s the 9th worst state in which to drive. This might come as a surprise to some urban New Jersey drivers, who could expect a much poorer showing, given the extent of some areas’ rush hours and the size of potholes to be found. Pennsylvania ranked a bit higher, despite climate challenges creating rough road conditions and dense traffic in packed cities like Philly, The slightly better ranking could even be a surprise to some of Pennsylvania’s rural drivers, who enjoy municipal care for roadways and not a lot of traffic, and would expect the ranking to be more generous.

Overall, the top five states to operate and own a vehicle in the United States are Iowa, Tennessee, North Carolina, Texas, and Nebraska. These rankings are largely due to the sprawling countrysides that certainly helped out the rush hour statistics; and the states also have quality road conditions, relatively low gas prices, and manageable auto insurance rates.

What about the Worst States?

On the flip side of things are the country’s five worst states in which to drive: Hawaii (worst), followed by Rhode Island, Washington, California, and Colorado. The myriad of reasons for such low scores includes exorbitant gas prices (Hawaii, as you could imagine), rush hours from hell (California), and spotty road conditions (Colorado, due largely to inclement weather).

Read on for further facts on where to drive (hint: you’re not so bad off in Pennsylvania, and you’re practically doomed if you’re in New Jersey).

WalletHub reported that California is the state with the most auto repair garages in relation to its population. The state with the fewest? Hawaii.

While the report focused on intrastate competition for car ownership and operation quality, WalletHub did note some interesting country-wide statistics. Of the 195 countries on the planet, the United States ranks 17th in its road quality.

What about the Gas Prices?

As far as gas prices are concerned, where is the best place to drive if you want to save on your fill-up? Mississippi, at $2.91 per gallon. As noted above, Hawaii took the cake for the highest gas prices at $3.66 per gallon. Currently, Pennsylvania’s regular gas prices are $3.34 per gallon. New Jersey currently averages $3.22.

What happens when it comes to Insurance Coverage?

Auto Insurance Coverage in NJ and PAAnd where insurance is concerned, you’ll want to avoid Michigan for auto insurance rates — the yearly average quote is a whopping $2,611, in comparison to the state with the lowest average rate, Maine, whose car insurance weighs in at $845 (full coverage). Bankrate placed the Pennsylvania auto insurance average at $427 for the most basic coverage and $1,476 for full coverage. The group noted that the average annual premiums in Pennsylvania are beneath that of the national averages. This has to do with many factors, including the fact that the state requires all vehicle owners to have basic liability coverage, as well as the fact that the state’s insurance providers augment or decrease their premiums based on such driver factors like age and driving history. As far as New Jersey is concerned, Bankrate placed New Jersey auto insurance average at $847 for the state minimum coverage and $1757 for average full coverage.

So are there ways around accepting that Pennsylvania and New Jersey are some of the worst states to drive in in the country? Not really. While there is an influx of ride-sharing options, and private and public transportation options are always available, the winter weather makes it difficult for municipalities to keep up with repairing ice- and sleet-created potholes; and, despite options for public or shared transportation, in this pandemic-era period, many people are opting to take their own vehicle on the roads.

You can help improve the states’ standings in small ways like being a safe, defensive driver, and carpooling where available. Switch to a hybrid or electric automobile if it’s financially possible for you. Walk or bike to work, or work from home and hitch a ride with a friend you’re going out to meet for drinks. Together, we can make Pennsylvania a safer and more pleasurable place to drive, at least by a bit.

The most common types of injuries that result from motor vehicle accidents in NJ and PA

The following are common injuries associated with vehicular accidents. Though this list is expansive, it by no represents all of the types of injuries that can occur.

  • Bruising/Contusions- It is important to note that even the most minor of car accidents can cause bruises. Even seat belts, which are designed to you from serious harm, can leave you with varying degrees of bruising.
  • Whiplash- The myriad of forces that occur in a motor vehicle accident can cause your body to move in ways that can be very harmful and traumatic. An experience of pain or discomfort in the neck and back after a collision can mean that you have sustained whiplash; strains to your muscles and ligaments. These strains can be painful and take several weeks to recover, however, whiplash rarely results in permanent injury on its own.
  • Neck/Back injuriesAs is the case with whiplash, the intense and rapid force that your body sustains during a collision may cause serious damage to your body that may not be immediately apparent. These may include herniation or ruptures of the discs in your spine. This type of serious injury can be very painful and limit your mobility. Though not always permanent, these types of injuries often take a long time to heal.
  • ConcussionsDuring any collision, a concussion is a risk given that one can easily hit their head on parts of a car. In fact, sudden movement of the head with no impact can also cause a concussion. It is important to remember that prompt treatment for any kind of head injury is crucial.
  • Traumatic Brain InjuriesThese types of injuries are always serious and can have potentially life-altering effects. Any traumatic brain injury can change the way your brain functions, handles information, and processes emotions. Although, thanks to advances in modern medicine, one can recover from a brain injury to some degree, depending on the type and severity of the damage, treating it may be a lifelong process.
  • Post-traumatic Stress DisorderWith anyone who undergoes a situation of extreme stress – as is the case with a serious car accident – there is always the potential to develop emotional and mental conditions such as PTSD. Symptoms may include being scared of driving after an accident, avoiding certain sounds or images that are associated with the collision or even sleeping problems due to anxiety or nightmares.

If you have been involved in an automobile-related accident or injury, it is important that you are backed up by a personal injury lawyer.

Contact our Personal Injury Attorney for a free confidential consultation at our Bensalem, PA or Trenton, NJ Offices

In the unfortunate event of going through a car accident, it is advisable to contact a personal injury lawyer who knows the paths available for you and your loved ones, you do not have to struggle with all the processes yourself when you can count on the expertise of a Personal Injury attorney. If all the steps are properly followed, the option of getting compensation is there for you, let an attorney at Kamensky, Cohen & Riechelson guide you from the beginning of your case.

Our team of attorneys has lots of experience dealing with car accident-related injuries and the corresponding compensation if applicable. Our conveniently located offices in Pennsylvania allow us to serve clients in Croydon, Bristol, Levittown, Langhorne, and Philadelphia, while our New Jersey offices cover towns throughout the state, including Hamilton, Trenton, Princeton, New Brunswick, Somerville, Edison, and surrounding cities.

Call 609-528-2596 after your incident resulting in accident injuries. Let’s discuss your options and explore the ways we can be of assistance.

Property Managers and Premises Liability in New Jersey

When a tenant rents an apartment, home, or business property from a landlord or property manager, they expect to stay safe on the premises.

Property Managers and Premises Liability in New JerseyUnfortunately, this isn’t always the case, and accidents happen. When a tenant is injured due to the negligence of a property manager to keep the property up-to-date in structural and functional safety features, they have a right to seek damages in some cases. So what are the circumstances in which a property manager is liable for an injury that happens on their property, and when is the care and safe-keeping of a space the responsibility of the tenant? Read on to learn more about the obligations and liabilities of property managers in premises liability cases.

When is a property manager likely to be liable in New Jersey?

If a property has shared spaces, its maintenance and upkeep are the responsibility of the landlord or property owner. As such, if an injury occurs in a common area such as a lounge, pool area, or parking lot, a tenant can file a personal injury claim against the landlord and expect to receive compensation. Usually, such injuries that happen in a common area occur as a result of a landlord’s negligence. Unless there is regular upkeep, dangerous situations can exist, such as icy entrances, slippery stairways, and malfunctioning appliances such as communal cooking items or laundry machines. In all of these cases, it is the landlord’s legal responsibility to ensure that such fixtures are operating safely. While generally, landlords are off the hook when it comes to areas that are the exclusive domain of a tenant, common areas are definite liability centers. Yet common areas aren’t the only spaces in which landlords have a legal duty to maintain premises. Even a landlord’s own management of small but essential details, such as where and how they keep master keys,  can cause havoc that leads to a break-in or other accident, rendering them liable for failure to maintain the premises. Read on to learn about other areas in which premises liability falls in the court of a landlord or property management serving as their agent.

Smoke Alarms and Other NJ Emergency Equipment

Emergency equipment is one of the most essential fixtures in any private or business rental. Unfortunately, it is often overlooked by landlords and property managers, and tenants are left to find out that their preventive and emergency equipment is malfunctioning in highly inopportune and dangerous times. Things like smoke detectors and fire extinguishers have regular maintenance requirements that it is the duty of a landlord or property manager to schedule. If you are a tenant, take your safety into your own hands by inquiring as to the last time that the emergency equipment was serviced. If you are the victim of an accident that occurred due to malfunctioning equipment of this kind, contact our firm right away; you likely have the right to recover damages to your person and property caused by your landlord’s negligence.

Safety Features on Doors and Windows in NJ

Maintenance of Safety Devices Few things are more expected by a tenant than having a safely secured home or business environment, and few things are more terrifying than becoming aware that this is just not the case. It is the legal responsibility of a landlord to ensure that all exterior doors have proper locks and work well. If there is a common outer door shared by tenants, safety features must be in place to ensure that only invited guests enter the premises, and go where they are invited only. Having malfunctioning elements of a security system such as a buzzer that doesn’t work or worn locks and bolts create a scenario in which a person can break their way in; as such, regular maintenance and checks are necessary. Individual units must be checked regularly, at least at the beginning and end of a tenant’s tenure in the space – and more regularly if the tenant requests it – to ensure that doors, windows, and screens have locks that properly work and have not slipped out of place. A landlord is responsible for reviewing that any security features on doors or windows in accordance with municipal safety regulations, as well as things such as bars on doors and windows, are steadily attached while still ensuring that they are up to fire code, allowing for exit in the case of a fire or other emergency.

Did rental conditions jeopardize your and your family’s safety? Contact our Personal Injury Attorneys for a free confidential consultation at our Trenton office.

If you have been in an accident due to landlord or property management negligence, it’s essential that you have an attorney on your side. To recover damages due to your rental property accident, you’ll need the knowledge and requisite legal experience to successfully correlate your injuries with the negligence of the party responsible for maintaining property safety.

The attorneys at Kamensky, Cohen & Riechelson, have handled numerous cases in successfully representing clients and making sure their rights are protected and guaranteed. Our firm has worked side by side with clients from Burlington, Ewing, Princeton, Willingboro, Mount Holly, and Surrounding places. It will be our pleasure to talk to you during an initial consultation.

Call 609-528-2596 as soon as you are able after an incident to discuss your options and what can be done on your behalf. We can help.