Legal Question in Personal Injury in New Jersey

Injuries suffered because of the negligence of other parties.

Kim works on a construction site. She picked up a large stack of boards and was carrying them over to another worker when she tripped over a dog that had run onto the site. She fell hurting herself and the dog. The dog had been walking with its owner but was not on a leash. Kim's coworker Bubba heard the thud and turned around. When he saw who had fallen, he said, ''that's why girls don't belong working at construction sites.''

Kim wants money for her injuries and missed work. She also wants to know if anything can be done about Bubba and his sexist comments. Can Kim recoup her losses other than suing?

1. What people or entities can Kim potentially sue?

2. For what can Kim sue each of the above? For each potential defendant and each potential cause of action state the elements of the cause of action and why you believe that Kim can prove them.

3. Are there any government programs that Kim can recoup her losses under without suing?

4.

A. Are there any applicable NJ state and/or Federal statues? If so what are they?

B. Find cases with similar fact patterns and use these fact patterns to support the

proposition that the plaintiff should win or lose.


Asked on 8/05/01, 11:04 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Injuries suffered because of the negligence of other parties.

This certainly is a new one. I didn't realize that LawGuru would be called upon to answer first year law school Tort I questions. Let me suggest that you hit the books at your law school and answer your own question. Otherwise you will not be prepared to answer your own clients' questions or even answer them on internet web sites. Good luck! [HINT: You probably have a Workers Comp claim, as well as a third party action. Sexist comments - relief is possible but highly questionable. Probably depends on other factors; NOTE: None of this is legal advice and cannot be relied on!!!!!]

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Answered on 8/07/01, 4:06 pm


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