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Toms River New Jersey Personal Injury Law Blog

How slip and fall cases work

A New Jersey resident who slips, trips or falls on another's property may be able to recover damages via a premises liability claim. Several requirements must be met, though. First, victims must be lawful entrants. Second, it must be clear that the property owner failed in their duty of care to entrants either by neglecting to repair a safety hazard or failing to foresee a hazard. Hazards range from wet floors and cracked pavement to poor lighting and loose rails.

Other conditions must be taken into account. The property owner must have had a reasonable amount of time to fix a dangerous condition; otherwise, they cannot be considered negligent. Also, the victim must have been using the property in a reasonable way. If they were not, then it was their own carelessness that led to the injuries.

Study pinpoints likely causes of mine injuries

Workers in New Jersey may be at a higher risk of injury if they work long hours or aren't properly trained. This has been found to be true as it relates to accidents involving mine workers. A study from the University of Illinois at Chicago analyzed roughly 546,000 mine injury reports from 1983 to 2015. The study found that 9.6% of injured miners in that time period had worked nine or more hours on the day that they were injured.

Working such long hours puts other mine workers in danger as well. According to the study, those who worked nine hours or more in a day were 73% more likely to cause an accident that injured other workers. There were many reasons why an individual would be on the job for so long in a given day. Having less than two years of experience was one of the factors cited.

Drugged, distracted and drowsy driving should concern teens too

Teens are just as liable as adults to engage in what one National Safety Council representative calls the Three D's: drugged, distracted and drowsy driving. In New Jersey and across the U.S., 3.6 million teens will be graduating from high school, which means graduation parties and more inexperienced drivers on the road.

Many high school students are no stranger to alcohol and drugs, both prescription drugs and illegal ones, and even those who do not partake of them likely know someone who does. Part of being a friend means offering a ride to those who become impaired by drugs or alcohol. Teens must not drive after taking any amount of these substances.

Adhering to safe riding procedures might not always be enough

A motor vehicle accident can take place at any given moment, and the fallout of a crash can be devastating under any circumstance. However, if you consider yourself an avid biker, you may have increased concerns about the ramifications of being involved in even a minor crash.

Unfortunately, accidents involving motorcycles run a much greater risk of ending in disaster. While you may wish to take every precaution necessary to prepare yourself to ride in traffic, you might be unaware of all the hazards you may face while out on New Jersey roads.

How technology is making construction sites safer

New Jersey residents who work in construction are likely interested in ways that AI is making construction safer. The statistics on construction safety are clear. Construction is one of the most dangerous fields to work in; it is estimated that every single day, 14 construction workers die on the job. Construction workers are five times more likely to die on the job as other workers, so it's understandable that site managers are interested in getting any help that they can in making the work site safer.

One way that AI is improving worker safety is by simplifying tasks before the workers start their job. One of the things that makes construction sites so risky is the number of unforeseen variables that are involved. The less work that construction workers have to do on the site, the less dangerous the site becomes. AI and robotics are working together to produce prefabricated construction. This is a process where many of the elements of construction are put together in a controlled factory. These prefabricated elements are then delivered to a construction site. As a result, a number of the would-be hazards on the construction site are completely eliminated. The human factor is taken out of the picture.

New research comes in time for Distracted Driving Awareness Month

New Jersey drivers should know that every day in this country, 9 people die and 100 are injured in distracted driving crashes. These crashes often involve the use of phones and in-vehicle tech, such as dashboard touchscreens. It makes sense, then, that the National Safety Council has designated April to be Distracted Driving Awareness Month. Some new research on this concerning trend has come in time for April 2019.

The Risk Institute at The Ohio State University has conducted several studies, one of which was about the encouragement of good driver behavior with incentives like insurance discounts. Researchers found that drivers who are confident tend to engage in more distracting or unsafe behaviors behind the wheel.

Fatal truck crashes rise, groups push for safety tech mandate

Federal data shows that more and more people are dying in large truck crashes in New Jersey and across the U.S. In 2017, a total of 4,102 people died in such accidents, marking a 28 percent increase from 2009. Rear-end collisions are among the most common types of accidents between large trucks and passenger vehicles, and they can also be among the most devastating.

This is why truck safety groups are advocating for a federal guideline that would require all heavy trucks to have forward collision warning and mitigation technology. The National Transportation Safety Board has made such a recommendation on at least 10 occasions since the 1990s to the National Highway Traffic Safety Administration, but the latter has yet to propose any regulations. This has led to criticism of the NHTSA.

Tesla surpasses all competitors combined in OSHA violations

From 2014 to 2018, Tesla's auto production facility in Fremont, California, was issued a total of 54 OSHA violations: three times more than all the top 10 auto plants in the U.S. combined. During those five years, Nissan was issued the second-highest number of violations, which was five. Following it are Toyota and Ford with four violations each. This trend may be important for those in New Jersey who are anticipating Tesla's self-driving cars.

Tesla's OSHA violations made up 75 percent of all the violations among the top 10 despite the fact that, overall, Tesla ranks seventh in terms of estimated production capacity. The Tesla CEO states that production line tweaks could allow the Fremont facility to start producing 7,000 vehicles a week. The next goal would be 10,000 vehicles a week.

Study links use of prescription opioids to car accidents

The widespread use of prescription opioids has been called an epidemic, and people in New Jersey could be at increased risk when drivers abuse these drugs. A study that looked at data about fatal two-car accidents found a relationship between opioid use and motor vehicle crashes. Researchers identified which drivers were considered responsible for causing accidents and if they had prescription opioids in their bodies. Among people labeled crash initiators, they had almost twice the likelihood of testing positive for opioids compared to drivers who were not responsible for crashes.

According to the study, opioids were associated with about 2 percent of fatal two-car wrecks in 1993. By 2016, this number had grown to 7.1 percent. The data sample for the study included 1,467 drivers who showed the presence of opioids in their systems. Hydrocodone was the most prevalent, showing up in 32 percent of these drivers. Morphine appeared in the systems of 27 percent of the positive-tested drivers, and oxycodone had been used by 19 percent.

Dog bites and the risk of infection

Adults and children in New Jersey have the basic right to expect to be in public without being subjected to attacks from dogs. Still, there are times when dangerous or vicious dogs attack people and inflict potentially serious injuries from bites. What's particularly problematic about a dog bite is the risk of infection. In fact, the American Academy of Pediatrics estimates that infections result from about 10 to 15 percent of dog bites.

The reason why dog bites often become infected is that they often happen in places where it's more difficult for the body to fight infection, such as hands and fingers. Various species of bacteria can multiply after a bite occurs and produce symptoms that may include fluid or pus coming from the wound, tenderness or red streaks around the bite, muscle weakness, fatigue, limited use of the affected hand or limb, and/or fever. Puncture wounds from bites may develop into tetanus, a serious bacterial disease that affects the nervous system.

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