Legal Question in Personal Injury in New Jersey

personal injury

I was at a night club last night and all of a sudden felt a burning sensation in my chest area and shoulders. Another girl and I both felt it along with other members of my party. I then felt it again and felt as if my skin was on fire. i had several burn marks on my skin as well as my friend and burn marks on my scalp. The manager believes it to have come from a fog machine. Would this be something to pursue. My burn marks are starting to blister and I am not sure what to do.


Asked on 6/21/09, 12:53 pm

7 Answers from Attorneys

Kenneth Vercammen,Esq. Kenneth Vercammen

Re: personal injury

Procedurally, the following events occur in most personal injury cases. First, your Attorney must complete our investigation and file. This will involve the collection of information from your physician, your employer, and our investigator. We will need your Doctors to provide us with copies of all bills, medical records and possibly a medical report. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement. If the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an "Answer" within 35 days.

To read entire article, go to http://www.njlaws.com/filing_of_complaint.htm

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Answered on 6/22/09, 4:50 pm
Lawrence Berezin Shapiro & Berezin, P.C.

Re: personal injury

The facts you describe may give rise to a claim against the night club, and the manufacturer of the fog machine. The night club has a duty to act reasonably to protect the safety of its business invitees from injuries that are foreseeable. The manufacturer of the fog machine is liable for placing a defective machine in the stream of commerce.

I suggest you see a doctor and ascertain the extent of your injury. Will you need on-going medical treatment? Will your injury result in scarring? A minor injury, with little medical treatment, and the absence of significant scarring will probably not result in a recovery that will make you happy.

If you suffered significant injuries, consult with a lawyer. There is a lot of investigation to be done. If you have a viable products liability case, it will be expensive to pursue. You may wish to check whether your attorney will advance costs of litigation; or expect you to make a contribution.

Good luck.

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Answered on 6/21/09, 1:26 pm
Scott Diamond DIAMONDLAWYER

Re: personal injury

You have a case if the source of your injury can be identified. Let me know if I can help you and your friends

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Answered on 6/21/09, 1:29 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: personal injury

You should see a doctor as soon as possible (ASAP).

You need to know the effect of the fog (both present and future) on your skin.

You legal action will depend on your injuries.

You should also file an accidnet report with the club.

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Answered on 6/21/09, 4:09 pm
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: personal injury

There is no question that you have a potential claim. Getting scalded as a patron of a night club is clearly not within what is reasonable or expected. The owner/operator has a duty to protect the patrons and operate the facility safely. Since this is a dangerous instrumentality operated by the club, you would not have to show that they knew ahead of time of the malfunction.

Of course, the first thing to do is to get medical attention if required. Frankly, if the injuries do not warrant medical attention of some kind, then generally the case is not worth pursuing as you damages would be minimal (that would be lucky for you in not having severe or scarring burns). However, if the exposure causes damage to you (and your friends), then there is a claim to be made for the injuries for both temporary and permanent injuries if they exist.

We take these cases on a contingent basis and advance the costs. While there may be a product case, I think that the primary focus should be on the premises. If the owner wants to make out a product case as a defense, then the strategy would probably be to let them do it at their expense ot maximize your recovery; which is ultimately the goal. Please feel free to contact me at 800-34 NJ LAW.

I will be starting a product liability case Monday in Newark in Federal District Court, but will respond to any phone or e-mail message.

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Answered on 6/21/09, 7:39 pm
Michael Berman Law Offices of Michael A. Berman

Re: personal injury

This is definitely a case worth investigating and pursuing.

If you want to discuss it with me, please write back.

Mike

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Answered on 6/22/09, 9:35 am
Daniel Cevallos Cevallos & Wong, LLP

Re: personal injury

You and your friends should absolutely contact an attorney right away. Our office handles premises liability cases such as these. Generally, since you were there at the club spending your money, you are what is called a business "invitee", which means that the club has a duty to make the premises safe for you--you are entitled to the highest level of protection. Feel free to call me at my direct line at 267.639.3105, or e-mail me at [email protected]. You should get in touch as soon as possible, however, before the insurance company for the club investigates.

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Answered on 6/22/09, 11:11 am


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