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Duties of a Nursing Home to Safeguard Residents Against COVID-19

May 23, 2020 by

When Is a Nursing Home Legally Liable for Neglect?

Duties of a Nursing Home to Safeguard Residents Against COVID-19According to government officials, an estimated 25% of the 15,000 nursing homes in the United States have had residents infected with COVID-19. Industry watchdogs believe that more than 40% of all coronavirus-related deaths have been among residents of nursing homes or assisted living facilities. Even though nursing home operators are required by law to immediately notify state and local authorities of any suspected infectious diseases, many nursing homes are not fully disclosing information about confirmed cases and deaths. At least two states—Texas and Virginia—have refused to provide government officials with any information about the impact of the virus on nursing homes in their states.

What are the duties of a nursing home operator when it comes to protecting residents from illness or contagious disease? When can you pursue legal action against a nursing home or assisted living facility for the illness or death of a loved one?

The Duty of Reasonable Care

As a general rule, a lawsuit for injury or death due to carelessness or neglect in a nursing home or assisted living facility is based on a legal claim of negligence. Under the longstanding principle of negligence, all persons in society, including nursing home operators, have a legal obligation to exercise reasonable care in all actions and behavior.

There’s no codified law, though, that specifically defines what constitutes “reasonable” care. In practice, whether a person’s actions met the standard of care is a fact determined by the jury. When making such a determination, the jury attempts to identify what a typical person, exercising ordinary prudence, would do in similar circumstances.

Accordingly, there’s no absolute duty to ensure the safety of nursing home residents. But operators must take the steps that a reasonable person would. With respect to COVID-19, a jury would have to determine what measures would be reasonable—closing the facility to all visitors, requiring staff to wear masks and gloves, etc. The jury does not have unlimited discretion to establish a standard of care. The legal principle of stare decisis (“let the decision stand”) is followed in American courts and requires juries to give weight to prior rulings on similar issues.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment. We are currently communicating with clients by phone, text message, and videoconference. Evening and weekend consultations are available upon request.

Filed Under: COVID-19 Tagged With:

Does a Motorcycle Accident Claim Require a Collision?

May 6, 2020 by

Recovering Damages When There’s No Contact with Another Motor Vehicle

Does a Motorcycle Accident Claim Require a Collision?Even with national awareness programs, it’s still common for motorists to ignore or fail to see motorcycles on the roads. As a motorcyclist myself, I see how often the driver of a passenger vehicle will unexpectedly veer into the path of a motorcycle, causing driver to lay down their bike or lose control in an attempt to avert impact. If you avoid a crash in such circumstances, but still suffer personal injury or damage to your bike, can you pursue compensation for your losses? Does there have to be contact with another vehicle for you to have a valid claim?

Your Claim is Based on Negligence, Not Contact

There’s no requirement that you collide with another vehicle in order to seek damages after a motorcycle accident. In most instances, such lawsuitsare based on the legal theory of negligence. Under this concept, it is assumed that all individuals in society have a duty to exercise reasonable care at all times, including when operating a motor vehicle, manufacturing a product, or maintaining property that could possible harm others. To be entitled to compensation after a motorcycle wreck, you must convince the jury of the following:

  • The defendant (the party you want to pay for your losses) did not act reasonably under the circumstances—In other words, the driver of the passenger car “breached” the duty of care.
  • The failure to act reasonably caused an accident—You must prove that you would not have crashed had the defendant not been careless, and you must show that the injuries you sustained were “reasonably foreseeable” as a consequence of the defendant’s carelessness.
  • You suffered actual losses as a result of the accident—Any losses reimbursed by an insurance company cannot be recovered a second time against the defendant (though the insurance company may seek reimbursement from the defendant for payments made to you). In addition, if you had property damage, but the property had no meaningful value, there’s no right to recovery.

In a no-contact motorcycle accident, then, the court will simply apply the negligence standard set forth above. There is no requirement of impact for recovery.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 or 877-HOGLAW1 to schedule an appointment. We are currently communicating with clients by phone, text message, and online videoconferencing. Evening and weekend consultations are available upon request.

Filed Under: Motor-vehicle accidents Tagged With:

Common Causes of Rear-End Collisions

April 21, 2020 by

Factors that Contribute to Hitting another Car from Behind

Common Causes of Rear-End CollisionsAccording to the National Highway Traffic Safety Administration (NHTSA), about one in every three motor vehicle accidents in the United States involve one car striking another car from the rear. It’s the classic type of collision that leads to whiplash, where your head snaps back and forth, causing significant injury to your neck, as well as potential brain injury. Statistics indicate that there are a number of reasons why these accidents are so prevalent.

  • Violation of speed limit—A significant number of rear-enders occur when a motorist can’t stop in time because he or she is traveling too fast, traveling too close or both. A good rule of thumb is a car length per 10 miles an hour you’re traveling. If you going 50, you should stay at least five car lengths behind anyone in front of you.
  • Distracted driving—This may be the most common cause of accidents today—looking somewhere other than the road in front of you. It might be a handheld device, the radio dial, a child in the backseat or something along the roadside.
  • Fatigued driving—Fatigue slows down your reaction time. If you have to drive (after a long shift or a long day), take extra precaution and add some distance between you and other motorists.
  • Heavy traffic—When you’re in a traffic jam, you need to be hypersensitive to traffic around you.
  • Mechanical failure—If your brakes need work or you’re riding on old tires, you may not be able stop in time
  • Driving while intoxicated or impaired—Alcohol is a depressant, so it slows down your reaction time. One study found that, with a blood alcohol level of .08 (the legal limit in New Jersey), you’ll need an extra 12 feet to stop, if you’re traveling at 70 miles per hour.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment. We are currently communicating with clients by phone, text message or online video conferencing. Evening and weekend consultations are available upon request.

Filed Under: Car Accident Tagged With:

The Impact of COVID-19 on a Personal Injury Claim

April 8, 2020 by

How the Response to the Coronavirus Affects Existing and Potential Cases

The Impact of COVID-19 on a Personal Injury ClaimOn March 21, 2020, New Jersey governor Phil Murphy issued an executive order instructing state residents to stay at home and engage only in “necessary” travel. The order also requires all “non-essential” retail businesses to close until further notice. What effect has the stay-at-home order had on the state’s civil court system? If you’ve already filed a personal injury lawsuit, is it on hold? If you suffer a personal injury and need to file a complaint, can you do that?

At the Law Offices of David J. Karbasian, PC, we are taking the COVID-19 pandemic seriously. Though we are available to answer your questions and assist you with legal issues, we are not requiring employees to come into our offices. We are conducting all work remotely and can communicate with you by phone, text message, or videoconference on your mobile device or desktop computer.

Are New Jersey Courts Currently Operating?

Effective March 18, 2020, all New Jersey Superior Courts were closed to in-person proceedings (except for extremely limited situations and some ongoing trials). To the extent possible, the courts are attempting to handle case management proceedings, including motions and hearings, by telephone or videoconference. Your attorney may or may not be able to schedule a hearing or motion depending on various factors, including the availability of parties and technology. If a hearing has already been scheduled, your lawyer should contact the court to determine whether it can be held by phone or videoconference.

The courts are still accepting filings, though they must be done electronically, by mail, or dropped off at a designated drop box. If you suffer a personal injury and wish to file a complaint, there should be no reason for concern that the filing deadline might expire before courts are back in session. Your attorney can submit a complaint as referenced above. In addition, though no specific action has been taken yet, there have been discussions at both the state and federal levels about suspending statutes of limitation (the laws that govern filing deadlines) until the crisis is over. At the Law Offices of David J. Karbasian, PC, we are actively monitoring these matters and will ensure that your interests are protected.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666.

Evening and weekend meetings by phone, text message, or videoconference can be arranged upon request.

Filed Under: COVID-19 Tagged With: ,

Lane-Splitting in New Jersey

March 19, 2020 by

Is It Legal? Is It Safe?

Lane-Splitting in New JerseyWe’ve all seen it on the highway or while waiting at a stoplight—a motorcycle scoots between us and the car next to us. It’s called “lane-splitting,” also known as “white-lining” or stripe-riding.” Many bikers do it to avoid traffic congestion, but it’s also considered by many to be safer than stopping behind stationary motor vehicles. Though it’s a common practice, many motorcycle enthusiasts in New Jersey are uncertain whether it’s legal. In addition, there’s disagreement over whether the practice is safe.

Is Lane-Splitting Legal in New Jersey

Lane-splitting is governed by state law, which varies from state to state. At the present time, only one state—California—has specifically declared lane-splitting to be legal. A majority of states expressly ban the practice, but New Jersey is not one of them. The Garden State joins more than a dozen jurisdictions where the practice is not addressed by state lawbut left largely to the discretion of local law enforcement. Though the practice is not banned, a law enforcement officer may cite a lane-splitting biker for failing to stay on the right-hand side of the road. As a biker myself, I am curious as to your thoughts whether it should be legal in New Jersey.

Is Lane-Splitting Safe?

Though little research on lane-splitting has been conducted in the United States, advocates cite two different reports suggesting the practice reduces the number of rear-end collisions involving motorcycles—the Hurt Report (1981) and data from the United States Department of Transportation’s Fatality Analysis Reporting System (FARS). FARS data shows that rear-end collisions with motorcycles are significantly lower in California (30%) than Texas or Florida, states with comparable riding seasons where lane-splitting is either banned (Florida) or not expressly permitted (Texas).

A 2015 study at the University of California suggests that lane-splitting could be safe, provided it is done at a speed of less than 50 miles per hour and the biker is traveling no more than 15 miles per hour faster than surrounding traffic.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Filed Under: Lane-Splitting, Traffic Violations Tagged With:

Tips for Having a Safe 2020 Riding Season

March 3, 2020 by

Hazards to Avoid for Motorcyclists in New Jersey

Tips for Having a Safe 2020 Riding SeasonWinter is winding down and if you live in New Jersey and ride a motorcycle, chances are pretty good it’s been stored inside for the past few months. Sure, you can ride in the winter, but spring, summer and fall are the ideal times to be on the road.

As you get back in to the swing of things, there are a number of things to pay attention to, so that you minimize the risk of injury:

  • Be prepared for potentially rough roads—In places like New Jersey, where the weather can often fluctuate above and below freezing during the winter, the roads can deteriorate significantly during the winter. Snow and ice melt, fill the cracks in the pavement and then freeze again, expanding and breaking apart the road. Be prepared for lots of potholes, as well as the potential for loose gravel, asphalt or pavement. In addition, the salt and sand often used to make roads safer in the winter can leave residue that makes the roads more hazardous in the spring.
  • Watch out for debris on the roads—There’s less effort made to keep roads cleared of bottles, cans and other debris in the winter. In many instances, it’s scraped up by snow plows and left along the side of the road. Watch out for trash and other items on and along the roads.
  • Watch out for other drivers—Other motorists have not seen motorcycles on the roads for a few months. They’ll need to readjust to your presence. Always ride defensively. I always anticipate when I ride that motorists will turn in front of me, pull out in front of me and change lanes without looking.
  • Get in physical shape—Of course, you’ll be a bit rusty, too, and may be a bit out of shape physically. Check your weight before you get back on the bike…might be time to lose a few pounds. Do some stretching, focusing on arms, back and legs. Get out and walk around the neighborhood. Take your bike to a vacant parking lot and reacquaint yourself with the operation of your bike, including gears, throttle, brakes and turning radius.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Filed Under: Motor-vehicle accidents Tagged With:

Roadway Defects That Pose Risks to Motorcyclists

February 23, 2020 by

Road Hazards to Watch Out For in New Jersey

Roadway Defects That Pose Risks to MotorcyclistsOne of the most common causes of motorcycle accidents, particularly those involving a single bike, is a roadway defect—some irregularity or dangerous condition that causes the biker to lose control. In New Jersey, you can sue a government entity for negligence in roadway design or road maintenance, including issues relating to obstructed views or construction detours. The process of suing the government is somewhat different than bringing a civil suit against a privateindividual. As a general rule, to bring an action against a governmental body in New Jersey, you must file a notice of your claim within 90 days of the injury. There also are unique rules addressing how parties to the legal action are to be notified. If you don’t follow the rules, you canlose your right to compensation.

Here are some of the most common roadway hazards that pose accident risks to bikers in New Jersey:

  • Uneven roads—Frequently, with resurfacing or other roadway work, one lane may be at a significantly different height than the other. That difference can create a dangerous situation, even if a motorcyclist is aware of it. This problem also can arise where two sections of a road or bridge are joined with an expansion joint.
  • Potholes—Deteriorating roads can cause fairly significant bumps, which can easily cause a biker to lose control.
  • Loose gravel—Gravel of any size can be a hazard for motorcycle riders. Gravel can migrate onto roads from construction projects or the shoulder of the road.
  • Rough roads—Poorly maintained roads, where dirt or gravel are allowed to accumulate, or water or ice are present, make conditions extremely difficult for bikers.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Filed Under: Motor-vehicle accidents Tagged With:

Rideshare Accident

February 18, 2020 by

Rideshare Accident

Man helping woman who is injuredIf you are injured in an accident involving a rideshare operator like Uber or Lyft, you may be able to seek damages through the rideshare company’s liability insurance. Call attorney David Karbasian at 856-667-4666. #rideshareaccident #uberride #rideshareinjury #davidkarbasianattorney #personalinjury

Filed Under: Rideshare Accident Tagged With: , ,

The Most Common Types of Construction Accidents

February 5, 2020 by

The So-Called “Fatal Four” Account for Almost Two-Thirds of Construction Site Fatalities

The Most Common Types of Construction AccidentsIt’s common knowledge that working on a residential or commercial construction project can be one of the most dangerous vocations in the world. You’re often working high above the ground, and you’re around power tools, heavy equipment, ladders and scaffolding.

In studies done by the federal Bureau of Labor Statistics through the Occupational Safety and Health Administration (OSHA), it has been shown that nearly six of every ten fatal accidents on a construction site fall into one of four categories, leading authorities to dub these types of accidents the “fatal four.”

  • Falls from heights—This is far and away the single biggest cause of construction site deaths, accounting for 36% of construction site fatalities nation wide. In the most recent OSHA study, 349 of the 874 construction site fatalities in 2015 were caused by falls from heights—upper levels of high-rise projects, ladders, scaffolding, roofs, cranes, cherry pickers and other construction equipment. Not surprisingly, OSHA reported an increase in 2015 of citations issued for failure to install or erect safety guardrails or barriers, failure to maintain or properly use ladders and scaffolding, and negligence in setting up scaffolding.
  • Electrocution—During the same period, 74 construction workers lost their lives when they came into contact with live electrical current, either through overhead power lines or live wires left exposed during installation.
  • Falling objects—Almost as many construction employees (73) died in 2015 after being struck by falling debris, construction materials, tools and other items.
  • In-between accidents—Less than two percent (12) of construction fatalities in 2015 occurred when workers were caught and squeezed to death between heavy equipment and something else, like other equipment, building material, or a structure.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Filed Under: Construction Accidents Tagged With:

Do You Have a Product Liability Claim?

January 24, 2020 by

The Different Types of Product-based Personal Injury Claims

Do You Have a Product Liability Claim?It would seem, with the technological advancements in modern society, that manufacturers could design, build, and test products that ensure user and bystander safety. Unfortunately, in the rush to be first to market, many product developers cut corners or ignore potential safety concerns. The result is that hundreds of thousands of people are injured every year by dangerous or defective products. Statistics show that one of every 13 personal injuries involves a consumer product. So how do you know if you have a product liability claim, and whom can you name as a defendant?

The Types of Product Liability Claims

The law recognizes three specific types of product liability claims:

  • Negligent / defective design—Defective design claims allege that the product designers failed to act reasonably when conceiving the product. A manufacturer may use high-quality materials and build exactly to specifications, but there still can be a design defect. An example would be the design of a motor vehicle that’s susceptible to rollover because of an improperly placed center of gravity.
  • Negligent / defective manufacture—Defective manufacture can involve the use of substandard or inappropriate parts or materials. It also can involve inadequate manufacturing processes or standards. This claim does not address the design of the product but only the fabrication, assembly, construction, or other manufacture.
  • Negligent / defective marketing—Negligent marketing generally involves either a failure to warn of dangers that were known or should have been known, or some type of defect or omission in the product labeling.

When you seek damages for injuries caused by a dangerous or defective product, you can file legal action against any party within the chain of distribution, from the designer or manufacturer to distributors, wholesalers, and retailers.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Filed Under: Product Liability Claims Tagged With:

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To our clients, neighbors and members of our community who may require legal services during this uncertain time, we are here for you. Although our dedicated team is working entirely remotely, the use of telephone, texting & video conferencing allows us to stay connected with you 24/7. Furthermore, our case management system is entirely cloud-based, which gives our team members full access to your files during this national emergency. We hope you and your family stay safe during the COVID-19 situation. Continue to check our Facebook page for important updates. We are here to help.