Articles Posted in New Jersey

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Calendar-300x295The statute of limitations is the time period by which a party or victim needs to take legal action to enforce rights and / or seek financial compensation for the negligence or intentional harm caused by a person, business, and / or government entity.  These time limits are proscribed or set by the legislation in statutes / laws.  The time period for a particular case will depend on the state where the incident took place, the type of action brought, and the parties involved.  Over the years, legislatures have broadened the time limits by which a victim can bring forth a case based on the sexual abuse of the victim.

The statute of limitation in sexual abuse cases has always been a topic of discussion amongst the law community as it is very impactful on the amount of cases received by firms. The topic is also sensitive when understanding the physical and emotional trauma that may impede an individual from filing a lawsuit within a set amount of time after the incident. As time has gone on and many states have become more progressive and understanding of the victim’s position in sexual abuse cases, we have seen a positive trend in the expansion of statutes of limitations in these cases. Just recently, both New York and New Jersey passed laws affecting their statute of limitations. What’s interesting is that they both went about this in different ways. Having realized that many cases of sexual abuse involving a child had been swept under the rug, New York passed the Child Victims Act (CVA) which repeals the statute of limitations on these cases for a period of a year and raises the age limit to 28 in criminal cases and 55 in civil suits . The one-year grace period for cases outside of the statutes of limitations led to 439 cases being filed on just its first day enacted. New Jersey’s approach was to raise the statutes of limitations age to 55 for all child abuse cases or within 7 years of the victim’s realization that the abuse caused harm. The most recent example of a state that is expanding its statute of limitations involving sexual crimes is Texas. Effective September 1st, the statute of limitations has been doubled from 15 to 30 for personal injury claims related to sexual assault.

What is important about the changes being made in these states is that it sends a message to survivors of these heinous crimes that legislators are listening and that they are not going unheard. These changes encourage more people to report actions that may be considered sexual assault/abuse and gives less reasons as to why it should be brushed under the rug. With cases like Jeffrey Epstein’s reaching national media coverage, more and more states are becoming aware that they need to stand up for victims of sexual abuse. As 2019 continues, keep an eye out for more states to follow in the footsteps of New York, New Jersey, and Texas.

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By David Wolf, Child Injury Lawyer

Day-Care-Playground-300x233Day care centers are commonly used by a families in need of child care due to work or personal commitments.  There are millions of single parent households and dual income households which necessitate the use of day care centers / child care centers to supervise children during the work day.  When a parent or guardian checks their child in to a day care center, they are putting their trust in a facility that should be trustworthy. The day care should be providing an environment which is safe and comforting for the parent, consisting of abundant supervision. It is reasonable for parents and guardians to expect that a day care center will provide a safe, loving, and educational environment for their children.  Personal injuries result from carelessness, negligence, and just a lack of common sense in many instances in day care centers.  Furthermore, some injuries result from intentional acts and let’s face it – just the shear stupidity of some child care providers who, at times, put their own interests ahead of those of the children.   In New Jersey, it was reported that two day care workers were encouraged and filmed a  Fight Club type of activity with the children enrolled in the day care center. Certainly, it is careless and reckless to encourage children to fight at a day care center or any other school or summer camp.

There are four elements that must be established for a strong claim against a day care center:

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

All Terrain Vehicles (ATVs) can be great fun for children and adults alike; unfortunately, these same recreational vehicles are the cause or mechanism of thousands upon thousands of personal injuries and, in some instances, the deaths of children.  Just because an All Terrain Vehicle seems like great fun – – parents and other adults responsible for the care and well being of children should pay close attention to the statistics out there which show over 100,000 visits to the emergency room due to injuries / deaths attributed to All Terrain Vehicle use and operation.  Some States like Pennsylvania have restrictions as age requiremnts for use of ATVs.   While laws can help deter dangerous activities by children and dangerous activities permitted by adults, children across the Nation and in Pennsylvania continue to operate All Terrain Vehicles (ATVs) without training, licensure, adult supervision, or proper training.  There are dangers both when a child operates an ATV and when a child is a passenger of an ATV.  At any moment, a child operator or passenger can fall off of an ATV. This can be especially dangerous if the child is not wearing a helmet, the ATV is being operated at a high rate of speed and / or is taking a sharp turn, and when the ATV is being operated on rough terrain or on a street.

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ByChild Care Note As Reminder For Kids Daycare David Wolf, Attorney and Robert Fernicola, Attorney

Published by Child Injury Lawyer Network

In New Jersey and other States, parents rely on day care centers to provide care and supervision of their infants.  In most instances, work  schedules put parents in a position of needing day care for their infants.  What kind of supervision should be provided to infants at day care centers?  The laws and regulations vary from State to State.  As such, it is important to look to the respective State’s day care center regulations to determine what is required as to staff to child ratios, training, supervision, facilities, licensures, and other requirements.  Infants require a higher level of supervision and attention while enrolled in a day care center.  Infants are especially at risks for choking, respiratory difficulties, SIDS (Suddent Infant Death Syndrome), and other complicatons.  Because of this, infants should not be left attended or under the watch of a baby monitor or other electronic device.  When a child has a respiratory or other problem at a day care center, it is important for the trained day care staff to spring into action.  Otherwise, the infant at the day care center is at risk for serious personal injuries and, in some tragic instances, an untimely death.   In Highland Park, New Jersey, it was reported by the Associated Press (AP) that a day care center worker was charged with one count of child endangerment for levaing a child unattended which was determined to be a contributing factor of the death of the infant.  The autopsy did not necessarily pin point the cause of death.  You can read more about this tragic story at Day Care Center Worker Charges in Infant’s Death in Highland Park, New Jersey.

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By Robert Fernicola, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

bike.jpgIn Trenton, New Jersey, a 12 year old boy suffered a leg injury when he was hit by a city bus according to local police officials. It was reported that there was a bicycle with a damages wheel at the scene of the accident. Firefighters and ambulance personnel responded to the scene to evaluate and treat the injuries sustained by the boy. Busy streets and intersections are often the sites of serious automobile, bicycle, and pedestrian accidents in Trenton, New Jersey and other cites. Whenever there is a bicyclist or pedestrian in an area (especially children) drivers should drive extremely careful so as to avoid hitting the bicyclist or pedestrian. Children often times do not recognize the danger of an intersection and sometimes cross outside of a sidewalk or against the instructions of street signs and / or traffic light indicators. The details provided by the Trenton, New Jersey news article were very broad. The police report and investigation would probably have additional details as to the cause and preventability of the accident. See Trenton Boy Suffers Lega Injury When He is Struck by School Bus in City.

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By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A 7-year-old child was transported to a local New Jersey hospital after the child fell from a chairlift at the Campgaw Mountain Ski Area in Bergen County. Bergen County Police spokesman Lt. James Giblin confirmed the child sustained a head injury as a result of the fall. Before being transported to the Hackensack University Medical Center, the child was reported alert and conscious. Campgaw Supervisor Ron Fuhr said the boy fell anywhere between 15 and 20 feet. The boy fell off the chairlift as it was approaching the unloading station and the safety bar had been raised. Fuhr said this was normal procedure and the child had just scooted too far forward. No charges have been filed in the incident, however, it is still under investigation. For more read 7-year-old boy falls from chairlift at Campgaw Mountain Ski Area in Bergen County, New Jersey, sustains personal injuries. There is no information as to whether the child was accompanied by an adult or other competent person while riding the chairlift. When small children are concerned, the best approach to take in preserving their safety or preventing them from sustaining personal injuries is to maintain constant and incessant supervision. Some times, children are unable to appreciate the dangerousness of their environments. Therefore, having an adult or other competent person providing constant supervision is highly likely to reduce any risk children may have at sustaining bodily harm or other personal injuries.

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By Robert Fernicola, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

new%20jersey.jpgBullying has become a huge problem, especially for children between grade school and college. The State of New Jersey has announced what it called the State’s Anti-Bullying Bill of Rights. The Anti-Bullying Bill of Rights designates a chain of command at New Jersey schools to crack down on the bullying the very moment it is reporting. The bill of rights will be presented to New Jersey legislators of both major political parties.

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By Robert Fernicola, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

gun%20firearm%20shotgun%20weapon%20on%20table.jpgA shooting occurred at a privately-owned off-campus fraternity house in New Jersey. A Seton Hall University student said the gunman stood on her back while firing off rounds, apparently with no intended target. The party started on a Friday evening and went into early Saturday, with at least 100 people in attendance. According to students, the shooter was kicked out of the party earlier in the evening for refusing to pay cover to get into the house. The Seton Hall University student stated she heard a fight erupt before the gunman was kicked out and moments later he returned with a handgun and started shooting.

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By Robert Fernicola, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

bicycle%20accident%20and%20injuries%20close%20up%20of%20spokes%20on%20back%20tire.jpgThe driver of a small, black regular cab truck with pinstripes down the side is wanted for questioning in an hit-and-run accident involving a 12-year-old bicyclist. The Heath, New Jersey Police Department was notified about the incident when the child’s mother called and informed them her child had been hit while riding home.

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