According to www.distraction.gov, a third of teens have texted while driving. Over half teenagers say they have talked on a cell phone while driving. The website www.distraction.gov also states that “Texting is the most alarming distraction because it involves manual, visual, and cognitive distraction simultaneously. Sending or reading a text takes your eyes off the road for 4.6 seconds. At 55 mph, that’s like driving the length of an entire football field, blindfolded. It’s extraordinarily dangerous.” [Read more…]
Construction Mobile Equipment Poses a Serious Threat to Workers
Construction workers often work under extremely hazardous conditions. Not surprisingly, the construction industry consistently has the second highest number of work-related accidents, behind only the transportation industry, according to the Bureau of Labor Statistics, or BLS. Along with the myriad of other hazards that can cause injuries on a construction site, mobile construction equipment stands out as a leading cause. [Read more…]
How Construction Accidents Can Threaten Your Business
Safety is a top priority for all employers, but in the construction field it is particularly important. This is a dangerous business filled with opportunities for workers to get injured, which could have dire consequences both for your employees and for your business. The price of negligence when it comes to workplace safety can be astronomical and could mean the end of a small business. [Read more…]
How Do You Prove Negligence After A Fall At A Supermarket?
If you fall in a grocery store and injure yourself, you are not necessarily entitled to compensation. The mere happening of an accident is not proof of negligence. McCombe v. Public Service Railway Co. 95 N.J.L. 187; Donus v. Public Service Railway Co., 102 N.J.L. 644. “Negligence is a fact which must be proved; it will not be presumed.” Id. [Read more…]
New Jersey Sidewalk Liability and Residential Landowners
For over 30 years, the Ginarte Law Firm has represented the rights of accident victims in the New York/New Jersey area. Throughout that time, New Jersey courts have continually refined when a landowner is liable for the condition of their abutting sidewalks by the courts. In Stewart v. 104 Wallace Street, Inc., 87 N.J. 146, (1981), the New Jersey Supreme Court held that commercial landowners owe a duty to reasonably maintain the sidewalks abutting their property. Thus, when determining sidewalk liability, courts focus on whether a property is commercial or residential. This is a legal determination which has received much attention from lawyers and the courts. [Read more…]
Who Pays Your Medical Expenses When You Are Injured On The Job?
If an individual is injured at work, they are entitled to medical care. However, the injured worker should be aware that the employer has control of which doctors to send the injured worker. If the medical care that the employer provides is not adequate, the employee’s attorney should file a motion for medical treatment right away. In general, the workers’ compensation court should address the worker’s medical treatment inadequacies within thirty days. [Read more…]
Ginarte Law Firm Welcomes James Krupka, Esq.
The Ginarte Law Firm is pleased to announce that James Krupka, Esq. has joined our firm. Mr. Krupka will be working out of our Newark and Clifton offices and will be handling a variety of personal injury cases. Mr. Krupka is a dedicated attorney with extensive experience in personal injury and civil litigation. He has previously represented both plaintiffs and defendants. [Read more…]
Massive Pain & Suffering Verdict Upheld in Federal Appeals Court
The Second Circuit has upheld a verdict of $15,000,000 for pain and suffering in a paralysis case handed down in July 2010. The case involved a then 36 year old baggage handler for American Airlines who was a passenger in a baggage tractor driven by a co-worker. The two were in the baggage tractor and as they passed a parked jet. The backwash from the jet’s engine caused the baggage tractor’s hood to lift up and strike the plaintiff’s head, fracturing his cervical spine and rendered him a quadriplegic. [Read more…]
National Crash Statistics Bring Both Good and Bad News
Each year, the National Highway Transportation Safety Administration issues a report on increases and decreases in the number of injuries and fatalities on the nation’s highways. With the recent release of the 2011 statistics, there are reasons to celebrate and reasons to be concerned. [Read more…]
Snow Removal Is Safety Concern for Construction Workers
As winter settles in throughout the northeast, many workers in the construction industry in New York and New Jersey are at risk of injuries from snow removal. Because snow removal can be dangerous, the Occupational Health and Safety Administration has issued a hazard alert for anyone involved in snow removal. [Read more…]
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