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A South Jersey man had a surprise ending on a recent trip to the movies when the chair he was sitting in collapsed without warning. The man was watching a movie at the AMC Loews Theater in Cherry Hill, New Jersey when his chair broke, causing him to fall and suffer a concussion, post-concussion syndrome, and sprains to his back, knee, head, and neck. The victim and his wife are suing the theater for more than $150,000 in damages.
Determining who is liable, or responsible, for an accident or injury is a crucial part of every personal injury case. Before you can claim that a business or person caused your accident and should pay for your damages, you must first determine who is legally responsible. In some circumstances, it may be the manufacturer of a defective piece of equipment or fixture. Such a situation may give rise to a product liability claim. In other cases, the accident and resulting injuries may be the result of the property owner or manager’s failure to reasonably maintain the property.
To simplify the concept of liability, if both parties were somehow careless leading up to an accident, the party who was more careless is generally responsible for a portion of the damages of the less careless party. For example, if the victim in this case had been jumping in his chair when it broke, he might be considered careless and thus may be barred from recovering damages. However, the victim claims the chair collapsed without warning, implying no liability on his part.
When an accident happens on a property that is poorly maintained or somehow otherwise dangerous, the owner may be liable for not adequately caring for the property. In his lawsuit, the victim alleges the theater owner allowed the exceedingly dangerous chair to be installed in a way that allowed it to collapse and alleges this hazard existed for an extended period.
Broken equipment and other dangers such as wet floors, cracked concrete, and torn carpeting may develop over time with wear and tear from public use. Property owners are expected to remove or repair these types of issues in a timely manner to protect visitors. When they fail to do so, the may be liable for any injuries resulting from their negligence.
Most accidents are preventable. When you or a loved one is injured by dangerous equipment or hazards that should have been repaired, you may have a valid personal injury claim. Head, neck, and back injuries can be incredibly painful and make it difficult to complete daily activities. The South Jersey personal injury lawyers at Folkman Law Offices, P.C. will review every detail of your accident to determine who is at fault.
We work with medical experts and accident witnesses to prove liability and fight for the compensation you deserve for your pain and suffering. Call 856-354-9444 or contact us online to schedule a free case evaluation today. We serve clients throughout the greater Philadelphia region from our offices in Cherry Hill, New Jersey, King of Prussia, Pennsylvania and Philadelphia.