Cherry Hill, New Jersey Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

911 Liability - PA Woman With MS Calls 911 When Bed Catches Fire - Her Call Put on Hold And She Burns To Death Waiting

Mike Ferrara — Sat, 16 Feb 2008 12:59:43 GMT

Everyone around the country must learn about the Brenda Orr tragedy. In Bucks County, PA, a suburb of Philadelphia, Brenda Orr placed a call to 911 when her bed caught on fire. She suffered from MS and was unable to get out of bed. Her 911 call went to the Bucks County dispatchers who could have answered her desparate call for help. Her call rang for 30 seconds and no one answered. When it was was finally answered, the dispatcher put on her hold. Whether or not a prompt answering of the call would have made a difference in saving Brenda will never be known. There may be disciplinary action against the 10 dispatchers who could have answered the call. The Philadelphia Inquirer called for a strict ban on putting any 911 caller on hold.

The Bucks County Commission Chair James Cawlery said: "mistakes were made and for those mistakes we are truly sorry".

Residents across the river in New Jersey are anxiously awaiting a decision due this week on whether 911 operators who make mistakes are immune from liability. In that case, a call came in to the 911 operator for the City of Camden describing an abduction in progress in a train station parking lot. The operator said: "it sounds like a domestic dispute". Incredibilty she never dispatched police officers who were 400 yards away. Expert testimony revealed that had the call be properly entered in the computer, the officers would have gotten to the scene in time to prevent the abduction and eventual murder of 26 year old Christine Eberle. Instead of entering the call into the computer as she was required to do, she wrote it on a slip of paper and never dispatched the police.

A trial court judge, Charles Little, ruled that the operator, Marie Cupparo and her employer, the City of Camden, could not be sued because they were immune under New Jersey's Tort Claims Act. Court observers feel there is a good prospect that a three judge panel of the Appellate Division of New Jersey's Superior Court will find that Judge Little's ruling was erroneous. Should that occur, then the case will go to trial in Camden County, New Jersey. Michael A. Ferrara, Jr., one of Christine's attorneys, said: "Christine's family anxiously awaits the high court ruling. It would serve the interest of justice to be able to hold the 911 operator and her employer personally responsible for the harms they caused Christine's family".

Originally posted at InjuryBoard by Mike Ferrara

Woman's Face Bitten By Bulldog - Receives $1M Settlement

Mike Ferrara — Wed, 06 Feb 2008 23:53:05 GMT

A California woman received a $1 million dollar settlment for injuries she received after being bitten in the face by a 90 pound bulldog. The dog's owner who was 19 at the time, was indicted on a felony charge. Her mother, who bought the dog, was also indicted. Both criminal charges were eventually reduced. The settlement was paid by the homeowner's insurance company. Most folks do not realize how dangerous some dogs can be. Be certain you double check your homeowner's policy to make certain it covers injuries caused by your dog.

Originally posted at InjuryBoard by Mike Ferrara

New Jersey Dog Bite Law Tough On Homeowners - Check Your Homeowners Insurance Policy

Mike Ferrara — Thu, 25 Oct 2007 11:06:25 GMT

New Jersey has a dog bite law with teeth. If your dog bites someone, you are legally responsible. Unlike some states, New Jersey does not allow a dog "one free bite". Be certain you contact your homeowners insurance company to make sure your homeowners policy covers injuries and lawsuits caused by dog bites. There was a recent Hawaii jury verdict of $800,000 to the victim of someone bitten by a 100 pound Rottweiler. The dog owner claimed that the photos of the bites were computer enhanced, something that was not true. The high award was probably due to the owner failing to accept personal responsibiliy for the harm caused. If you serve on a jury, remember that any award you make will come from an insurance company and not from the home owners. Unscrupulous insurance companies try to convey the image to jurors that any award for a dog bite injury will have to be paid by the homeowner, a fact that in most cases, is not true.

Originally posted at InjuryBoard by Mike Ferrara

Pit Bull Bites Woman In Face - Unprovoked Attack Will Lead To Lawsuit

Mike Ferrara — Thu, 04 Oct 2007 07:57:22 GMT

A Minnesota woman was bitten in the face by a pit bull as she sat in a chair in her backyard. Police Chief Paul Phillipp of the Austin Police Department said the attack was unprovoked. Tanya Phillips, 34, required six stitches to her lower lip and other treatment at Austin Medical Center to a wound near her right eye. Homeowners are encouraged to be certain that injuries caused by dog bites are covered by their homeowner's insurance policies. Most are included in such policies. Jurors should remember that if they should be called on such a case, that the money awarded for the disfigurement is most always covered by insurance. They should not hestitate to award a fair award if the injury warrants it. They must not be concerned that any money they award will have to be paid by the dog owner, since that is most always not the case.

Originally posted at InjuryBoard by Mike Ferrara

Jury Selection Begins in Horrific BP Texas Explosion Case - 15 Workers Killed and 170 Injured in Blast

Mike Ferrara — Sat, 01 Sep 2007 19:36:05 GMT

In March, 2005 one of the most serious refinery explosions in history occurred at the BP (NYSE: BP) refinery in Texas City, Texas. It killed 15 and injured 170. To BP's credit, they have accepted personal responsibilty for what happened and have paid over $2 billon to those harmed and the families of those who died. This trial involves five cases that have not settled and is the first case to go to trial. Lead attorney Brent Coon said: "As horrible as this was, the worse thing was that this was avoidable." The U.S. Chemical Safety and Hazard Investigation Board, one of several agencies that investigated the accident, found that BP fostered bad management at the plant. The USCSB also said cost-cutting moves by BP were factors in the explosion. Coon told the jury pool that all the plaintiffs are claiming that BP did not adhere to various safety practices that would have prevented the blast. Employers need to make certain that safety is job number one and insure incidents like this one never happen again.

For more information on this subject matter, please refer to the section on Premises Liability / Slip & Fall.

Originally posted at InjuryBoard by Mike Ferrara

Stop The Dog Bite Madness - 4.7M Dog Bites A Year Far Too Many

Mike Ferrara — Sun, 17 Jun 2007 23:30:54 GMT

The Center for Disease Control and Prevention reports that there are 4.7 million dog bites a year, 800,000 of which require medical attention. That is 2191 bites a day. Every day. Of these, half involve kids. Of the children bitten, two thirds between the ages 5 and 9 are bitten in the head and neck. There are 386,000 bites that require trips to the ER and a dozen die each year.

It's time to stop this carnage. When someone tells you their dog doesn't bite, don't listen to them. All dogs bite. Be warned: If you are a dog owner and your dog injures someone, you will be sued. Make certain your homeowners insurance covers dog bites and make sure your policity limits are sufficiently high to cover these claims. All dog owners must take personal responsibility for the conduct of their dogs to make certain they don't contribute to these 4.7 million bites per year.

Originally posted at InjuryBoard by Mike Ferrara

City Attorney Gives Two Minute Closing Argument - Backfires as Jury Awards $3.7M

Mike Ferrara — Sat, 09 Jun 2007 00:26:27 GMT

A Florida jury awarded a 38 year old Florida woman $3.7 million dollars for horrendous injuries suffered after being bitten by two Rottwellers. The jury found the City of Delray Beach 60% at fault and the dog owner 40% at fault. The evidence showed that city officials were on notice, from prior incidents, that the dogs were dangerous and did nothing about it. The City Attorney in a two minute closing argument said they acknowledge it was horrible attack but the city officials were not responsible. The jury disagreed with her assessment. The jury said they felt the animal control officers could have prevented the attack. There was a city ordinance that said any loose dog should be impounded and these dogs were found loose on prior occassions. One of the jurors said

"It's very difficult to put a price tag on what happened to her. It was basically a consensus among all of us that it seemed like a very fair settlement for what she had been through for the last four years and what she went through in the actual attack. I mean, those dogs basically tried to eat the lady, and then we tried to figure out what she was going to face the rest of her life."

Originally posted at InjuryBoard by Mike Ferrara

National Dog Bite Week - 4.7M Bites A Year Is Way Too Many

Mike Ferrara — Wed, 23 May 2007 10:25:31 GMT

Arf Arf. America's dog owners need to do a better job keeping their dogs under control. One group that is not happy is the National Association Letter Carriers who report that 3154 of their letter carriers got biten last year. In all, there were 4.7M dog bite victims in 2006. Since this is National Dog Bite Prevention Week, all dog owners need to re-evaluate what they need to do to curtail this problem.

Originally posted at InjuryBoard by Mike Ferrara

Dog Bite Victim? What Should I Do?

Mike Ferrara — Tue, 01 May 2007 22:12:19 GMT

As warm weather approaches there will be more incidents of folks that are victims of dog bites. You must get immediate medical attention and demand proof from the dog's owner that the dog had the proper rabies shots. Make certain you correctly identify the dog's owner. Under most circumstances, the home owner's insurance company will pay all the medical bills, together with additional money for the scarring and emotional trauma, if any. In New Jersey, there is no "one-free-bite" rule, so the dog's owner is personally responsible for all the harm

caused by his or her dog. Our law firm will be happy to advise you, at no charge, if there is a case worthwhile pursuing. It will be your choice as to how far you wish to pursue things. This is not the dog owner's decision, and he or she has no right to bully you into not pursuing a legal claim, or notifying the authorities. For more information about rabies, go to website for the Centers for Disease Control.

Originally posted at InjuryBoard by Mike Ferrara