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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 / 856-600-HURT 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 / 856-600-HURT 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:

Common Types of Real Estate Agent or Broker Fraud

January 9, 2020 by

Misrepresentation | Noncompliance with Disclosure Requirements | Licensing Violations

Common Types of Real Estate Agent or Broker FraudThe purchase of a new home probably will be the largest financial transaction most peopleenter into. Real estate deals are complex, and most buyers put their trust in real estate agents and brokers to ensure that they get the terms they expect. Unfortunately, broker or agent fraud is far too common. Here are some typical examples of fraud by real estate agents or brokers.

Misrepresentation of a Material Fact

A broker or agent commits fraud or misrepresentation if he or she intentionally makes a false assertion of fact. A broker mightmisrepresent the age of a house, the size of the property, or prior uses of the buildings and grounds. An agent or broker also might make false statements about his or her qualifications, experience or licensing, and may even provide fake credentials. You should pay particularly attention if there’s only one agent involved in the transaction. That person may intentionally make false assertions about the property to boost the sale price, as they usually stand to collect a percentage-based commission on the sale.

Failure to Provide Appropriate Disclosures

Brokers and agents are legally required to provide certain basic disclosures to both buyers and sellers. For example, an agent or broker must disclose to a potential purchaser any known defects toeither land or structures.

It’s important to understand that a real estate broker or agent owes you a fiduciary duty. That requires them to be honest in all dealings with you and make decisions in your best interests, not theirs. Be careful that your agent or broker doesn’t:

  • Fail to inform you of all offers made or whether an offer has been accepted
  • Make, reject, or accept an offer without your approval, or
  • Receive any fees or profits that are not disclosed to you.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT 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: Fraud Tagged With:

Happy New Year 2020

December 23, 2019 by

Happy New Year 2020

To a joyful present and a well-remembered past. Best wishes for happy holidays and a magnificent new year.

Filed Under: Uncategorized

New Technology Being Applied to Motorcycle Helmets

December 19, 2019 by

MIPS-Equipped Helmets Reduce Impact of Head Trauma

Motorcycle HelmetsSafety officials have long known that head injuries are the leading cause of death and injury in motorcycle accidents. Statistics also show that most head injuries occur when a biker hits his or her head against the ground at an angle.

A number of motorcycle helmet manufacturers are developing new products that integrate multi-directional impact protection system (MIPS) safety technology to minimize the consequences of angled-impact trauma. MIPS replicates the action of the brain’s cerebrospinal fluid, the body’s natural defense response to an angled impact on the skull. With MIPS, wafer-thin material causes your helmet to slide relative to your head. Studies show that such movement minimizes the severity of the impact.

MIPS technology was first developed about 15 years ago and used extensively by jockeys and horseback-riding enthusiasts. About ten years ago, the technology started to appear in bicycle helmets. It comes as an insert installed between the EPS liner and interior padding of the helmet.

The developers of MIPS say helmet manufacturers were initially resistant to the technology, fearing bikers would not see a significant benefit for the additional cost. But motorcycle airbag vests and jackets received a similar response, initially being dismissed by riders who did not believe they were effective. It’s anticipated that, just as airbag safety equipment has garnered wide support and acceptance, MIPS technology will become commonplace.

Contact Attorney David J. Karbasian

Contact our office online or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. Your first consultation is without cost or obligation. The sooner you call, the sooner you can move forward with your claim. We can accommodate evening or weekend meeting requests and will come to your home, if necessary.

Filed Under: Motor-vehicle accidents Tagged With:

Mortgage and Foreclosure Relief Scams Still Prevalent

December 5, 2019 by

Federal Trade Commission Advises Consumers to Beware

Mortgage and Foreclosure Relief Scams Still PrevalentThere are few things more stressful than being behind on your mortgage or facing the possibility of foreclosure. Unfortunately, there are unethical people out there who want to take advantage of your anxiety and fears. Here are a few to watch out for:

  • The phony class action—In one high-profile fraud case, companies advertised that qualified consumers could join a class action mortgage fraud lawsuit against certain banks and lenders. The company initially said the cost would be limited to a one-time charge of $895. Victims were told they had a “strong case,” when most of the lawsuits were summarily dismissed. The victims also were convinced to send monthly payments even after the legal action was terminated. In many instances, no lawsuit was ever even brought on behalf of the victims.
  • The phony counseling or debt negotiation—Another common scam involves a company that promises, for a fee, to negotiate a deal with your lender either to reduce your payments or extend the term of your loan to make it more affordable. You may be asked to make payments to the company while the negotiation is in process. At some point, though, the company will disappear.
  • Rent-to-buy schemes—In this con, a company or individual encourages you to transfer title to your home as part of an arrangement that allows you to stay in your home, rent it from the company while you get your finances together, and then buy it back at a later date. The company promises you’ll get a better rate and better terms when it comes time to repurchase, but generally the opposite is true. You’ll find that you can’t afford the terms, and you no longer own your home. The scammer may even raise the rent to a level you can’t afford and then evict you. Or the con artist may promise to sell the house and give you a portion of the profits, but that won’t happen.
  • Bait-and-switch cons—In another scam, you receive a pile of documents to sign purportedly to refinance your home. Hidden in the legalese is a provision that conveys title to your home in exchange for a “rescue loan.”

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT 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: Mortgage Foreclosure Scam Tagged With: ,

Slip and Fall Injury

December 2, 2019 by

Slip And Fall InjuryProperty owners and managers of commercial property in New Jersey have an affirmative duty to remove snow and ice in public thoroughfares, and may even be required to put up warning signs or use melting agents. If you are hurt in a Slip and Fall accident call Attorney David Karbasian at 856-667- 4666 / 856-600-HURT.

Filed Under: Slips and Falls Tagged With: , , , ,

Happy Thanksgiving 2019

November 27, 2019 by

Happy Thanksgiving 2019

“Gratitude can transform common days into thanksgivings, turn routine jobs into joy, and change ordinary opportunities into blessings.” – William Arthur Ward

Filed Under: Uncategorized

Accidents on Snowy or Icy Roads in New Jersey

November 26, 2019 by

Accidents on Snowy or Icy Roads in New Jersey

When snow and ice hit New Jersey, motorists need to take extra precautions—slow down, clean off window, increase braking distance. Unfortunately, many don’t! If you have been hurt because of the carelessness of another driver, call attorney David Karbasian at 856-667-4666 / 856-600-HURT.

Filed Under: Car Accident Tagged With:

The New Jersey Consumer Fraud Act

November 25, 2019 by

New Jersey Statute Helps Consumers Fight Home Improvement Fraud

The New Jersey Consumer Fraud ActThere are few material things more exciting that a home improvement project. Adding a room or remodeling a kitchen or bathroom can go a long way toward enhancing your quality of life. But you need to be careful—there are, unfortunately, a number of “home improvement” contractors who promise one thing but deliver far less. Worse yet, a contractor may take advance payment and then disappear.

Fortunately for consumers in New Jersey, the state legislature enacted the New Jersey Consumer Fraud Act (NJCFA). The NJCFA includes extensive regulations that address the business and conduct of home improvement contractors. For example, the NJCFA requires agreements regarding any project where the contractor will charge more than $500 to be in writing and signed by both the homeowner and the contractor. That writing requirement also applies to change orders or modifications of an existing contract. The NJCFA also mandates that the home improvement contractor provide detailed information in the agreement:

  • The legal name and address of the home improvement contractor
  • A description of all work to be done and materials to be used
  • The total cost of the work, including any finance charges
  • A statement of when the work will commence and when it will be completed
  • The contractor’s state registration number
  • Any guarantee or warranty offered by the contractor

The contractor also must provide the homeowner with the telephone number for his insurer, as well as the toll-free number for the New Jersey Division of Consumer Affairs. The customer also must be made aware, in writing, of his right to cancel the agreement within the first three days.

Damages under the NJCFA

To make a successful claim for fraud against a home improvement contractor under the NJCFA, you must prove the following:

  • The home improvement contractor engaged in an unlawful practice;
  • You suffered actual loss; and
  • The contractor’s actions caused your loss.

If you can meet these requirements, you may be entitled to treble damages (three times your actual loss), as well as reasonable attorney fees and reimbursement of legal costs.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today, or call us at 856-667-4666 / 856-600-HURT 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: Fraud Tagged With:

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