Tag: Negligence



Consider the scenario whereby our loved ones are no longer active and unable to cater for themselves even though family members are there to help them, and it might become necessary that we put them up in a Nursing Home where they can get the best attention and Care. Unfortunately, many of these Nursing homes do not conform to standards set by the State of New Jersey and tends to subject residents to various forms of abuse and negligence. New Jersey lawyer, David P. Schroth, is a distinguished and highly respected legal representative, bringing his over twenty years courtroom experience to bear on Nursing home abuse and Negligence litigation.

Law officers of David P. Schroth provide a personalized service that enables you to seek legal redress for Nursing home abuse and negligence for loved ones who have suffered sub-standard care, while giving you the assurance that they will not only get justice but get the best of care and attention.


  • Aged family members that are frail, inactive and always needing attention.
  • A young person, whose medical condition has become Chronic.


  • Personal Hygiene: Failure not to give the residents best hygienic care available such as bathing, cleaning, brushing of teeth, pedicure and manicure, shaving of beards, etc.
  • Emotional neglect: This is a situation whereby residents of the Nursing Home go through severe emotional trauma by leaving them alone, ignored, and even suffer verbal abuses from nursing staff. The emotional scar from this experience tends to linger for a long time.
  • Neglect of Basic Need: Failure by the nursing home to provide clothing, food, safe, and clean environment to the residents.
  • Medical Neglect: Failure by the nursing home to provide adequate attention, prevention and medication for health issues such as infections, cuts, diabetes, etc.


You need to watch out for the following signs when you go visiting;

  • Malnutrition: When resident’s physical appearance portray evidence of being poorly fed and maltreated.
  • Weight loss: When you notice that your loved ones are losing weight, and there can’t be any reason or explanation for that.
  • Bedsores: This is noticeable when your loved ones stay in bed for an extensive period of time.
  • Signs of Injuries: When the effect of injuries suffered in Nursing Homes becomes noticeable, it becomes apparent that your loved ones may not be receiving the best of attention and care.
  • Dehydration: When your loved ones have wrinkled, dry skin and their eyes become sunken then it becomes likely that they may be suffering from dehydration caused by the severe deprivation of water.
  • Behavioral Changes: When your loved ones become unusually withdrawn, hostile to other nursing home residents and a sudden change in personal hygiene means neglect and abuse may be taking place.
  • A weak interaction between your loved ones and the Nursing Home staff should also signal the potential for neglect and ill-treatment.


Contact David P. Schroth for dependable, efficient, and confidential legal guidance on 1-609-882-0041 or pay a visit to our office at 795 PARKWAY AVE, SUIT A-3 EWING, NEW JERSEY 08618.


Personal Injury: Negligence in New Jersey Law

If we experienced personal injury on account of someone’s negligence, we’d feel several emotions – shock, distress, and outrage, to name a few. While the feelings may subside, the effects of the injury can linger. It’s natural we’d want the person responsible to be held accountable, which is why most states define ‘negligence’ specifically in personal injury law.

How does New Jersey define negligence?

In New Jersey, negligence is the failure to exercise an expected degree of caution – a “standard of care” – in order to minimize harm to risk to another person. To determine the standard of care, a court will use the notion of a ‘reasonable person’ to establish a baseline. The court will determine whether a reasonable person, in the situation, would have a duty to behave with a standard of care to the plaintiff. This includes whether the reasonable person had known of the plaintiff’s presence at the time. Once this baseline is established, the court will consider a defendant’s conduct based on what they knew at the time. This is how a reasonable person’s standard of care separates acts of negligence from common accidents.

For example, if a person were driving at night, with their headlights on, and they struck a jaywalking person, it would be more difficult to accuse the driver of negligence. However, if the driver were severely nearsighted, and driving without corrective lenses, then the pedestrian would have a strong case to accuse them of negligence. Still, in this case, there is a varying degree of responsibility between both parties, which brings us to contributory negligence.

What is contributory negligence?

Contributory negligence is the degree to which each party is responsible for an accident. New Jersey, like other states that consider contributory negligence, will use this notion when determining who can ask for damages from whom, and how much in damages should be paid. In order to ask for damages, the plaintiff must be less responsible for the accident than the defendant. In the example with the nearsighted driver, a court or a jury may find the driver was 90% responsible. However, the jaywalking pedestrian was 10% responsible for his own injuries. Thus if the damages were calculated at $10,000, the driver would be required to pay $9,000, and would be unable to collect for damages to his car stemming from this incident.

If you or someone you know has suffered personal injury on account of another person’s negligence, we advise you to contact an attorney immediately. In New Jersey, you have two years to file a suit from the date the incident occurred. Contact attorney David P. Schroth. David hass over twenty years’ experience practicing law in New Jersey, including personal injury cases, and he can fight for you too.