Category Archives: Uncategorized

Slipping and Falling in Loading Docks

Workers and visitors that find themselves in warehouses or other cargo loading locations can be in a dangerous situation. Shipping and receiving are part of loading docks, but with this job, there are many hazards that can arise. Any fall within a loading dock can be serious in nature due to the dock’s platforms being high from the ground, sharp surfaces, and hard equipment that loading docks have.

Hazards in Loading Docks

The most obvious danger of a loading dock is the height. One-quarter of warehouse injuries is due to slip and falls on loading docks. Machines and people are constantly passing through loading docks, making it a high traffic area. Wear and tear can start to occur in the metal dock plates, making them slippery from the constant use of loading docks. When hazards such as mud, water, and oil spills are present in a loading dock, the chances of slipping and falling are quite high. Leaks from machines and cargo pallet spills are common occurrences in loading docks that can cause a slip and fall.

When a dock does not have shelter from the outside elements like snow and rain, poor weather conditions can become a great hazard. Also, a lack of lighting can cause a worker to fall right off the dock. These hazards are just some dangers that can be present in a loading dock that needs to be addressed as soon as the issue is made aware to management.

Reducing the Risk of a Slip and Fall in Loading Docks

Property owners can do a variety of things to reduce the risk of a worker or visitor slipping and falling in a loading dock. These are the following things that can be done to assure that the odds of someone getting hurt are reduced:

  • Only those trained in safety protocols should be allowed to have access to the loading dock areas
  • Signs of restriction should be clearly visible
  • Training for the employees in reporting spills and cleaning up
  • A dock seal or dock shelter should be installed
  • A bright reflective non-skid colored paint should be used on the edge of the dock
  • Padding or guardrails should be placed on sharp corners
  • Regular inspections should be conducted

Workers Compensation or a Personal Injury Claim?

Generally, employees who get injured in a loading dock fall are limited to worker’s compensation unless there was a third party who was responsible for the accident. For example, the loading dock company hires an independent cleaning worker that comes to inspect the area and fails to see a hazard that was present which caused a worker to get injured in a slip and fall, then a case against the independent cleaning worker can be established as their negligence to see the hazard was the reason why the worker got injured in the slip and fall.

Along with a person being responsible, a product liability claim can also be established if a faulty equipment contributed to the injuries of the victim. For example, if a worker was maneuvering a forklift that failed to stop and it was found that the breaking system failed, then the victim can have a claim against the manufacturer.

Miami Slip and Fall Loading Dock Lawyers

Everyone needs to take some responsibility for their own safety when it comes to slips and falls. Most of the time, no matter how much caution is used, a person still undergoes an accident as the result of another person’s negligence. When this occurs, the victim needs to understand the laws surrounding a slip and fall case with the help of a Slip and Fall Miami Lawyer from Percy Martinez Law Firm. They always want the best for their clients and strive for the maximum compensation.

New Jersey, this week in crime

A preacher has been taken into custody who was involved in a sexual assault case. He ran away after he molested a 13-year-old boy. A New Jersey jury found him guilty last year.

Gregorio Martinez is among those individuals who were either taken into custody, charged with, convicted of, or sentenced for getting involved in a wide variety of offenses that made news across New Jersey in the past week.

  • 46-year-old Henry A. Cruz Ventura was taken into custody on Thursday as he was behind the wheel of a truck which had heroin and cocaine present in it worth $5.4 million. The drugs were seized by the police.
  • 54-year-old Carlos Diaz Rojas was taken into custody for child pornography; he has hundreds of pictures and videos in his laptop.
  • 33-year-old Arturo Alomas, who was accused of killing his girlfriend and fleeing the state with their 2-month-old daughter, was indicted this week.
  • 2 individuals, 36-year-old Adalberto ‘Pepsi’ Garcia and 57-year-old Ramon ‘Tone’ Vega were taken into custody in a drug raid in which the cops seized prescription pills and drugs worth million dollars. They both got 32 charges in their criminal history.
  • In an auto-theft ring, 17 individuals were indicted as they were misguiding individuals selling their motor vehicles on Craigslist. The total amount of fraud committed was $100,000.
  • 42-year-old Marcos Santiago, who was accused of choking his girlfriend in the month of May, was taken into custody and charged with aggravated assault.
  • 67-year-old Phillip C. Heiney, a school board president in Middlesex County, was taken into custody for child pornography. He has pictures and the videos of young males and females, which he distributes for money.
  • On Thursday, 4 individuals were indicted in an alleged drug robbery turned fatal in 2015. 4 of the individuals charged face felony murder charges.
  • 32-year-old Andre Harris, who was accused of killing a Linden woman, is summoned to court on Friday on charges that he attempted to kill the same woman months earlier. The suspect was taken into custody last week and charged with killing Julius and burying her.

Source: www.nj.com

Attacks on police marked as hate crimes by N.J. Lawmaker

According to a New Jersey lawmaker, Sen. Joe Kyrillos (R-Monmouth) wants to make attacks on cops a hate crime for which he is going to introduce a bill.

On Monday, Kyrillos told that he has decided to introduce a legislation which will expand upon the New Jersey’s hate crime statute. Violence against police will be included in it. The proposed measure will add law enforcement officers and emergency services personnel to the list of protected groups. Under the law, an individual will be guilty of bias intimidation if he/she commits another prohibited act like assault or harassment, “under circumstances that would cause a reasonable individual or group of individuals to be intimidated.”

The decision was made after 5 cops died in a shooting incident and 7 others sustained life-threatening injuries during a protest over fatal police shootings in Texas last week.

Kyrillos added, “We cannot allow an entire class of public servants to be targeted for violence due to their profession. If such attacks don’t qualify as hate crimes, I don’t know what does”.

The law that is in place now doesn’t allow so-called bias intimidation based on 9 different categories including:

  • Race
  • Color
  • Religion
  • Gender
  • Disability
  • Sexual orientation
  • Gender identity
  • National origin
  • Ethnicity

Tony Perry, Kyrillos’ director of legislative affairs, said that he has decided to propose the legislation on Thursday. A measure similar to his proposed bill was introduced once before in the month of January.

The public policy director at the New Jersey chapter of the American Civil Liberties Union, Ari Rosmarin, said the shooting incident and attacks as “senseless”. But according to his opinion, the proposed changes to the hate crime law were not required. He has the view that there is a need to add life without parole in the New Jersey law for cop killers. It also distinguishes assault on a cop as a more critical offense than assault of a civilian. Rosmarin further said, “The events of the past week should generate a refocused effort in Trenton on fixing our broken criminal justice system, but this isn’t it”.

Preliminary data released by the FBI showed that the rate of cops killed by the suspects declined from the year 2014; a decrease of 20% is seen in the number of cops death cases.

The president of the New Jersey State Policemen’s Benevolent Association, Patrick Colligan, said that cops on patrol feel under attack and unsecure after the shooting incident. He told that the offender Micah Xavier Johnson told police he wanted to kill the white police officers and “pointed his rifle with hate. ”

According to Colligan, the proposed bill “sends the message that we’re a separate class”. He also said, “I know commercial fishermen and coal miners have a more dangerous profession (in terms of on-the-job deaths), but they’re killed because of accidents. We’re targeted because of the uniform”.

Source: www.nj.com

Overall Crime In New Jersey Plunges In 2014 According To FBI Report

On Monday, data released by the FBI showed that violent crime rate in New Jersey reduced in the previous year but the number of rapes reported in the state increased.

The FBI’s annual “Crime in the United States” report also shows that the number of violent crimes in the year 2013 were 23,300, a 9.3% reduction from 2014 and according to an estimate, the rate of violent crime reduced 261 offenses per 100,000 individuals, which is a 9.6% reduction from 2013.

In the previous year, the number of property crimes also decreased and the data showed a reduction of 7.5% from the rate in 2013; the rate became 1,734 offenses per 100,000 individuals in the previous year.

The only category of crime to increase in New Jersey in 2014 was rape.

In the year 2013, the FBI included all categories of rape in the list of sexual offenses like oral or anal penetration and rapes of males. The rate of rape crime increased by 7.1% in the previous year to 1,274, when all the categories were added.

The data showed that the rate of murder crime reduced by 13.6% in the previous year and the aggravated assault crime was reduced by 7%.

News Source: www.NJ.com

New Jersey Man Behind Bars For Murdering 7 People

According to the authorities, 22-year-old Todd West is locked up in jail for murdering 7 individuals during a series of random killing sprees. The states in which the murders took place were Pennsylvania and New Jersey.

On Thursday, Union County Prosecutor Grace Park told that he murdered the 1st individual in Elizabeth in the month of May. The 1st victim was his cousin Michael Tompkins, who was 29 years old. After that, 3 individuals were shot to death in Elizabeth and neighboring Linden. The names of those 3 individuals are 29-year-old Jamil Payne, 32-year-old Kelvin Nelson and 28-year-old Dennis Vega who were killed on 25th of June. Richard Marte, 24, was the 4th individual who was shot but he didn’t die.

The authorities confirmed that from among his victims, West only knew one and all the others were unknown to him. The first victim was murdered around 2:30 a.m. while the other 3 were shot in a time period of 90-minutes after which he escaped Elizabeth for Pennsylvania where he murdered the rest of the victims.

22-year-old Kory Ketrow was getting back home on Sunday in Easton when he was shot to death at 3:15 a.m.

A friend of the victim, Michael Kutz, told The Morning Call, “There was no reason for them to do what they did, just go down the street and decide to kill somebody”.

After killing the 5th person, West and his crime partners, 20-year-old Robert A. Jourdain and 23-year-old Kareem Mitchell, went to Allentown, where they randomly selected and shot 32-year-old Francine Ramos and 21-year-old Trevor Gray inside a motor vehicle after almost 45 minutes.

On Monday, Jourdain and West were taken into custody by the authorities in Allentown while they were investigating a robbery case. After sometime, Mitchell surrendered.

According to the authorities in Lehigh County, a .38 caliber revolver was used to shoot the murder victims. The murder weapon was found in Pennsylvania after the investigation of the case. The authorities found the gun and 18 shell casings in a crashed Mercedes SUV that was a bit damaged; the motor vehicle was registered in the name of Mitchell’s mother.

West accepted that he shot 3 individuals with a gun in his hand, while Mitchell was the driver of the SUV and Jourdain was the person who purchased ammunition from a Walmart store and he was recorded on surveillance video.

A press conference was held on Thursday in which Park said, “This is an unprecedented, horrific event in Union County”.

Online records revealed that West was released from Mountain view Youth Correctional Facility in the month of October after he spent almost 1 year and 2 months there locked up on multiple charges.

All 3 individuals are locked up without bond in the Lehigh County Jail.

News Source: www.NYDailyNews.com

How Can I Tell If My Loved One Was Sexually Abused In Nursing Home?

Sexual abuse is a predominant crime that occurs on a daily basis throughout the United States. Sadly, sexual abuse occurs in Old Folks Homes, which may come to a surprise to many. Sexual abuse in a nursing home can not only physically hurt the elder, but it can also leave an emotional trauma imprint on the resident. Sometimes, a resident will not speak out of fear or shame, which are the moments when their loved ones need to recognize signs that may show that they were sexually abused and need their help.

Sexual abuse within these facilities can occur by different people like a third-party guest, and even the nursing staff members. These elder people become victims of the terrible circumstance that they have been placed in. When a sexual abuse occurs to an elder person while they are in the care of the facility, the nursing home can be found responsible for that crime. This is why it is important to research the nursing home that the resident will be placed in before making the decision to place them there. The Best Orlando nursing negligence attorneys at office of Percy Martinez knows how the consequences of sexual abuse to an elder person can end up with fatal results because they are so fragile.

The issue with recognizing signs of any type of abuse is the fact that the nursing home itself might cover it up or blame the injuries on the resident. Performing investigations and reporting suspicions should be the course of action that is taken to ensure that the elder person does not continue suffering this terrible fate. The Orlando team can help remove the elder person from that scenario.

Sexual Abuse Signs in Old Folks’ Home

Sexual abuse can usually be seen in the private parts of the elder person. Sometimes, family members will not look in these areas because they trust that the nursing home is taking care of their loved but, but sadly, it is better to be safe than sorry. Checking the resident’s private areas when something doesn’t seem right can give an indication that they have been sexually abused. Some signs could be the following:

  • Lacerations in the anal or genital areas
  • Bleeding in the anal or genital areas
  • Bruise in the anal or genital areas
  • Discovery of sexually transmitted disease

When any of these signs can be seen, the elder person may have been through a sexual abuse that could have been prevented.

Abuse and Neglect Orlando Nursing Home Attorneys

Sexual abuse in a nursing home can happen for a number of reasons like not performing extensive background checks or not having adequate security to monitor incoming guests. When this happens, not only will the nursing home be legally responsible for the harm, but the individual who committed the act may find themselves paying for punitive damages. The abuse and neglect litigators and personal injury attorneys in Orlando want to acquire all possible damages for these victims.

When Can Surgical Mistakes Happen?

Different types of surgeries are performed on a daily basis.  In fact, an average of 48 million surgeries are performed in the United States every year. A surgery could happen suddenly, just as it can be scheduled. A person might have the misconception that a surgical mistake only happens at the moment of a surgery, but that is not true. Surgery mistakes can happen pre-surgery, during surgery, and post-surgery.

A mistake during a surgery can be detrimental to a person’s health. It can even be deadly for a patient.  Mistakes during surgery can happen for a number of reasons including operating while under the influence, or ineffective communication between staff members. Some surgical mistakes include:

  • Removing the wrong organ
  • Leaving surgical instruments behind
  • Cutting on the wrong site
  • Not reading the patient’s chart, and
  • More

Every surgery that a person undergoes poses its risks, but when negligence is involved, the risks of enduring an injury during surgery is even greater. No one can predict when they will become a victim of a surgical mistake, this is why a patient who is undergoing a surgery should research their surgeon beforehand and ask as many questions as possible before deciding to go through with the surgery. There may be other options or a better surgeon that can perform the surgery if the patient does not feel comfortable with their current surgeon.

Aside from During Surgery, What Mistakes Can Occur Before Surgery and After Surgery?

As mentioned before, mistakes can happen before the surgery(pre-operative), during the surgery, and after the surgery(post-operative). Below will be listed the mistakes that can occur before surgery:

  • Miscommunication between the surgeon and patient
  • Not giving directions on eating habits before operation
  • Describe the risks of the surgery to the patient (informed consent)
  • Determine that the patient can withstand the operation
  • Incorrectly diagnose the patient’s condition

Below will be described mistakes that can happen during the surgery:

  • Performing the operation on the wrong body part
  • Unskilled/untrained surgeon
  • Not communicating effectively with other assisting medical staff
  • Not monitoring the patient’s vital signs

These are some mistakes that can occur post-surgery:

  • Surgeon does not follow-up with the patient
  • Medical staff does not react to complications like infection
  • Medical professional does not provide the patient with directions of how to care for the incision

As a person can see, various mistakes can be committed during different stages throughout a person’s operation. Any of these mistakes can leave a patient with life-long harms.

Enduring a Surgical Error by a Medical Professionals Lack of Care

Surgical errors can happen at any phase during a patient’s procedure. When a mistake happens because a surgeon committed a negligent act or omission, they can be held accountable for the injuries that the patient endures. The Tampa team of medical malpractice lawyers within the Percy Martinez Law Firm represent victims of surgical errors and other medical malpractice mistakes which left them injured and damaged. They will evaluate their clients case and answer every question that they have during their free consultation.

Driver Charged In Crash That Killed NJ Teenager

EMERSON, N.J. – On Friday, a driver was charged for an accident that happened in Emerson, New Jersey, earlier this week due to which an 18-year-old woman died.

The Bergen County Prosecutor’s office told that the driver was identified as a 17-year-old juvenile, who was cited as a juvenile delinquent with vehicular homicide for the accident that happened last Wednesday that killed Stephanie Morgan.

The driver was driving a 2008 Nissan Pathfinder at a reckless, high rate of speed when the accident happened, said the prosecutors.

Morgan was a passenger in a sport-utility motor vehicle when it flipped many times at about 8:40 p.m. on Wednesday on Hasbrouck Avenue. She was thrown out of the vehicle and was pronounced dead at Hackensack University Medical Center in Hackensack.

On Thursday, it was reported by CBS2 that Morgan’s 15-year-old brother was also riding in the motor vehicle when his teenage girl friend, lost control of the vehicle. According to prosecutors, the vehicle traveled sideways before flipping and landing on the driver’s side. The car landed and came to rest in a lawn.

Students came to know about the accident Thursday morning at school where the flag was lowered to half-staff.

Junior Anthony Saluzzi said, “She always had a smile on her face in the hallways. She just always was nice to everyone in school, friends, anyone, she was just a great person”.

Prosecutors are trying to know whether the victim was wearing a seatbelt when the accident happened or not.

News Source: www.CBSLocal.com

10 Members Of N.J. Based Organized Crime Family Arrested

On 12th of March, 10 members and associates of the New Jersey-based DeCavalcante organized crime family were taken into custody on charges of running a prostitution business, trafficking in drugs and plotting to kill a rival gang member.

In the 10 defendants, 71-year-old Charles Stango, 72-year-old Frank Nigro and 68-year-old Paul Colella are included. They were summoned in the courtroom of U.S. Magistrate Judge Mark Falk.

According to the Federal prosecutors, Stango alleged to be a captain in the DeCavalcante family sought permission from Nigro, the family’s alleged consigliere to kill a rival member living in New Jersey.

The arrests were a sign that organized crime continues in New Jersey, told New Jersey U.S. Attorney Paul Fishman. He added, “Though its ranks have been thinned by countless convictions and its own internal bloodletting, traditional organized crime remains a real problem. As today’s complaint shows, members and associates of a long-standing organized crime family continue to ply their illegal trade, selling dangerous drugs and illegal cigarettes, promoting prostitution and threatening to settle internal scores with violence and death”.

The arrests disturbed the operations of one of the region’s most ill-famed crime families, according to the head of the Newark division of the FBI, Richard Frankel. Frankel added, “The FBI is confident this is a severe blow to the La Cosa Nostra family”.

The prosecutors also said that Stango told an undercover agent of the murder plot, which included hiring 2 members of an outlaw biker gang to shoot their rival.

Stango and his son, 33-year-old Anthony, had plans to open a high-end escort service for white collar businessmen and professionals in the Toms River area, told the prosecutors. Their plans also included establishing a legal business as a front for their prostitution activities, according to them.

News Source: www.NJ.com

New Jersey Assemblyman Proposes Private Surveillance Camera Bill To Fight Crime

New Jersey Assemblyman Ralph Caputo said on Wednesday that the new private surveillance camera registry bill will assist New Jersey law enforcement agencies to fight crime and save assets.

Caputo added, “What we want to do here is to create a voluntarily registry to the police departments. People that have cameras on their buildings, commercial buildings or homes will be able to create a registry so that the police would have that. So instead of a scenario of wasting a lot of resources, they would know where these cameras are”.

Caputo is also involved in the sponsors of a bill that released on Monday with the purpose to assist law enforcement agencies to investigate criminal activity effectively and on time by access to private surveillance cameras data. People living in New Jersey will be encouraged to voluntarily register their devices with local police.

Assemblyman said that even though this activity is based on free will, there must be a legislation that regulates it.

Caputo also said, “If you have a country-wide prosecutor’s office that is trying to solve a crime, they want to make sure that all the communities in their jurisdiction are doing it in a consistent way, so that all the information requested consistently across the board. If we have each town doing it separately, it does not work”.

Lawmaker Thomas Giblin, who is also sponsor of the bill, said that surveillance camera videos can be worthy tools of investigation of different incidents done by the police.

Giblin said in a statement, “Having an existing registry that law enforcement officers can tap into when investigating criminal activity saves time, which is crucial when working against the clock”.

The text of the legislation showed that the name and contact information of camera owners will be included in the registry, the number and location of their cameras and other details like how footage from the camera is stored and how long it is saved for, will also be included.

Campaign groups including the American Civil Liberties Union, have shown concern about video surveillance methods being rolled out all over the US due to a “chilling effect on public life” and because of the reason that such systems could be open to abuse.

According to assemblyman Caputo, the bill has a requirement that it will not violate any constitutional rights.

The New Jersey City Department of Public Safety told the Sputnik News Agency that it was not going to comment on the effectiveness of the measure at this time.

News Source: www.SputnikNews.com