Personal Injury

What you should know if you are bitten by a dog in New Jersey

February 20, 2021 | by Aretsky Law Group

According to the American Animal Hospital Association (AAHA), nearly five million people are bitten by dogs in the U.S. every year, many of them children bitten by pets. Dog bites can cause severe puncture wounds and lacerations, and even serious tissue and nerve damage if the bite is deep enough, and transmit diseases including rabies.

In most personal injury cases, the onus is on the person who brings the lawsuit to prove that the defendant’s negligent acts caused them measurable harm. Dog bite cases are among the few exceptions. Dog owners in New Jersey are subject to strict liability for bite injuries caused by their dogs, which means that the bite victim doesn’t have to prove the owner neglected to use reasonable care to successfully sue for damages in most instances.

New Jersey Statutes section 4:19-16 imposes automatic liability on the dog’s owner 1) when the person bitten is in a public place or lawfully in a private place, 2) regardless of any prior aggression by the dog or its owner’s knowledge of it. The owner is liable even if he or she took reasonable steps to leash or restrain the dog and even if it has never bitten or hurt anyone before.

Covid Disaster Spurs Legislative Overhaul of New Jersey Nursing Homes

August 8, 2020 | by Aretsky Law Group

Declaring that the Covid-19 crisis exposed and exacerbated pre-existing, longstanding problems within New Jersey nursing homes, two Democratic state legislators have introduced a series of bills designed to ensure long-term care facilities are better prepared to weather future emergencies and deliver “the highest quality care possible.”

State Senator Joseph Vitale and Assemblywoman Valerie Vainieri Huttle on July 31 announced legislation that is intended to put into effect recommendations made in an independent organization’s report on New Jersey nursing homes and their response to Covid-19. The bills’ backers reportedly hope to get the legislation fast-tracked through the senate and assembly and to the governor’s desk.

The bills seek to impose better protections for staff and residents in the event of public health emergencies, as well as improve resident care and the working environment.

New Jersey BJ’s Slip and Fall Case Yields $1M Verdict

June 15, 2020 | by Aretsky Law Group

In the recent Middlesex County NJ case Gaguancela v. BJ’s Wholesale Club Inc, Norma Gaguancela was awarded a net verdict of $850,000 after falling and slipping at a BJ’s store location in East Rutherford, NJ. The floor at this particular location became slippery after a broken pipe led to water accumulation. According to reports, Gaguancela slipped and fell in the frozen food section on June 27, 2016. Gaguancela’s knee injuries include damage to both the meniscus and cartilage, and tears in her hip and shoulder. Medical expenses such as knee and ankle surgery were accrued in order to help Gaguancela recover.

According to court records, Gaguancela, who is 64, stopped working as a bus driver due to impediments sustained from these injures. As such, the total suit claims $230,000 in medical bills and $122,000 in wage loss.

In response, BJ’s claimed that Gaguancela’s pre-existing medical conditions are also causative factors that lead to her injuries. Accordingly, the Court allocated 15% of the blame to Gaguancela, reducing the total sum awarded from $1,000,000 to $850,000.

Eighteen New Jersey Medical Professionals Face Charges

September 30, 2019 | by Aretsky Law Group

Eighteen New Jersey medical professionals have faced legal trouble during the past year due to reasons such as opioid, sex, fraud, or stabbing charges involving patients. Some of these cases include a registered nurse who stabbed a 10-year old autistic child with a needle when he was behaving disruptively. The nurse, Naomi Derrick of Sicklerville, supposedly threatened the autistic child with a needle while he was being hospitalized in an Atlantic City psychiatric unit.

According to reports from the Office of Attorney General, Derrick stabbed the child at least six times throughout the duration of the 12 hour shift. Derrick’s conduct was recorded using a security camera found in the room, which revealed footage of her stabbing the child on his “upper arm, thigh, kneecaps, [and] foot and hand” resulting in an accumulation of blood droplets. Derrick claims she did not actually stab the child, but did admit to using the needle as a threat to encourage good behavior.

Other cases of poor ethics in the New Jersey medical community include individuals who have been accused of taking bribes, such as the case of a Bergen County pharmacist, Eduard Shtindler, who is charged with conspiracy for health care fraud. Shtindler supposedly paid kickbacks to a Hudson County based psychiatrist in order to provoke the doctor to direct his patients to the pharmacy that Shtindler owns in West New York. This scheme resulted in nearly $3 million worth of medications prescribed by the doctor which were filled by Shtindler’s pharmacy.

Governor Murphy Signs New Law to Impact Car Accident Injury Victims

September 14, 2019 | by Aretsky Law Group

New Jersey governor Phil Murphy recently passed a lawthat erases rules that previously “slammed New Jersey auto accident victims with up to $250,000 in medical bills” for accidents that were not the victim’s fault. The law is designed to help those who purchase cheaper auto insurance plans that can leave them with insurmountable amounts of debt in the event of a car accident.

In addition to a comprehensive $250,000 personal injury protection plan that comes with most New Jersey car insurance policies, the state also permits a less expensive option that only covers up to $15,000 in personal injury protection. While this option can be a less costly month-to-month alternative, it can set drivers back tens of thousands of dollars even if they are not at fault for their accident.

The legal action has been inspired by the story of 27-year-old Josh Haines, a New Jersey resident who was saddled with tens of thousands of dollars in debt after a car accident he was involved in eight years ago. According to Josh, “’I’m left in the dark … this was eight years ago and it’s still setting me back.’” In 2011, Josh was driving from Camden County Community College when he was struck by a vehicle that was hydroplaning. His medical bills totaled $30,000, which is nearly double what his less-expensive insurance plan covered.

Understanding the Complexities of Slip and Fall Cases

September 3, 2019 | by Aretsky Law Group

Slip and fall cases are some of the most complex personal injury cases to litigate due a variety of compounding factors. For one, the plaintiff must be able to attribute their fall to the place of business’ negligence. This is particularly difficult to prove, considering that in order to assert the business owner’s negligence, there must be proof that they had previous knowledge of faulty conditions and did not make adjustments accordingly.

Slip and fall cases are often difficult to litigate due to burden of proving negligence.

Foremost, it is important to acknowledge that slip and fall cases are typically considered negligence cases and thereby must follow the same legal patterns as negligence cases. As with other tort and negligence cases, assessing the legal liability of the accused party can be accomplished by evaluating three critical elements of a slip and fall case. These elements are duty, breach of duty and causation.

ShopRite Slip Personal Injury Case Settled for $1.5M

August 23, 2019 | by Aretsky Law Group

A prominent New Jersey personal injury case, Tomasi v. ShopRitewas recently settled on February 25, 2019. As the case details, Woodbridge resident Michael Tomasi slipped on grapes in the produce department of ShopRite in Woodbridge, NJ in December of 2015. While he did not directly fall onto the ground, Tomasi had to contort his body in an unnatural position in order to brace himself from further injury. Following the slip, Tomasi immediately experienced strong neck pain.

Since Tomasi already suffered from a pre-existing neck injury, the slip escalated his current conditions. As a result, he needed two surgeries. One of these surgeries was a spinal fusion surgery, which is known to be particularly intensive. According to the plaintiffs (Michael Tomasi and his wife Alison), ShopRite was responsible for cleaning the aisles of the store in order to maintain the safety of shoppers.

As with other tort and negligence cases, assessing the legal liability of the accused party can be accomplished by evaluating four critical elements of a personal injury case. These elements are duty, breach of duty, causation, and damages.

New Jersey Experiences a Rise in Nursing Home Abuse Cases

August 2, 2019 | by Aretsky Law Group

In New Jersey and across the United States, nursing home abuse cases have been on the rise. In fact, at Boonton Care Center in Morris County, NJ, a patient was recently pulled off of the toilet by her hair at the hands of an abusive CNA (certified nursing assistant). As with many nursing home abuse cases, witnesses can be intimidated and refrain from reporting the poor behavior. To complicate matters, many victims of nursing home abuse are incoherent and suffer from degenerative diseases such as Alzheimers and dementia that can make it difficult for them to recall traumatic abuses. Typically, residents without regular visits from loved ones and friends are most susceptible to nursing home abuse.

Nursing Home Abuse in New Jersey

According to the Centers for Medicare and Medicaid Services, “abuse related citations nationwide are on the rise, jumping from 3,083 in 2016 to 4,107 in 2018”. Last year alone, there were over 350 complaints filed to the hotline controlled by New Jersey’s long term care ombudsman. Clocking in at 364 reported incidents, the bulk of nursing home abuse cases in New Jersey in 2018 are classified as “resident-to-resident physical or sexual abuse”. Notably, verbal abuse is another popular mechanism of mistreatment at long-term care facilities.

New Jersey Town Reduces Speed Limits, Citing Public Safety

July 31, 2019 | by Aretsky Law Group

Following a spike in the number of pedestrian strikes and personal injuries, North Haledon in Passaic County recently reduced speed limits on numerous roads in mid-February. The new ordinance dictates speed limit reductions on Belmont Avenue, High Mountain Road, North Haledon Avenue, and Squaw Brook Road.

Despite adequate notice being provided to local motorists, speeding violations have increased significantly since the ordinance was put into effect nearly six months ago. In fact, the amount of speeding tickets issued on those roads has increased from 13 to 148 during the year. Drivers who are issued speeding tickets typically pay between $85 and $420 in fines, depending on the particular incident and its severity. Contrary to assumption, these fees are usually allocated amongst the municipality, county government, and state government.

Officials reiterate that safety is the cornerstone of this new ordinance, citing over 200 car accidents in a 1.2 mile radius. Last year, an elderly man was hit on the road’s busiest stretch, and was seriously injured. Despite hospitalization, he has never recovered fully and still suffers from these personal injuries.

Wrongful Death Lawsuit Filed Following the Death of Westfield, New Jersey Principal

July 25, 2019 | by Aretsky Law Group

A wrongful death lawsuit was recently filed by the fiancée of treasured New Jersey school principal Derrick Nelson, following his April 7, 2019 death. Nelson, 44, was the principal of Westfield High School in Westfield, New Jersey, and died while receiving bone marrow transplant surgery at Hackensack University Medical Center. Nelson was undergoing the surgery in order to donate his bone marrow to a 14-year old boy suffering from cancer in France, when the procedure went awry. Nelson’s fiancée Sheronda Braker has sought the counsel of New Jersey wrongful death attorneys to litigate this matter.

Nelson perished after falling into a coma during the transplant surgery. According to his family, Nelson should have not been administered anesthesia during the surgery due to preconditions such as sleep apnea and being overweight, which medical personnel should have recognized. The lawsuit acknowledges that Nelson had an oxygen level of 91 when he was administered anesthesia, which is not considered medically appropriate.

According to the suit, filed by Nelson’s fiancée Sheronda Braker, the eleven defendants breached the standard of care by taking too long to recognize the bradycardia that Nelson was suffering from, and failing to provide adequate ventilation, eventually leading to Nelson’s coma.