Philadelphia Personal Injury Attorney Blog

Concussions in Children & Sports – Are Full Contact Sports Really Necessary for Young Children?

Mon, 14 May 2012 08:00:00 GMT

Every day, I drive past my local elementary school and I’m sure that pretty soon I’ll see young kids on the fields practicing football. These little kids are in fully padded uniforms and wear helmets. The ones I usually see can’t be over 10 years old.

Football and hockey are two of the most common full contact sports young children play. As a mother of a 5 year old, I don’t know if I’d let my son play these sports. Fortunately, he doesn’t seem to express much interest in anything but soccer and baseball, so I may never have to really consider the issue.

Knowing what I know about contact sports, head injuries and advances in medicine which show that head injuries may have lasting effects on the brain and development, I don’t think I’d let my kid play these kinds of sports, even if he wanted to.

My husband, who started playing football when he was 8, disagrees. He thinks that a little rough play is good for boys. Slightly old-fashioned, but I get it.

For me, the problem isn’t the sport itself, or even that during my kid’s childhood, he’s going to bang his head every now and again. Instead I worry about what I’ve seen in the cases we’ve handled - coaches or staff who don’t pay attention to head injuries or don’t even know what to do when a kid “gets his bell rung.” Any child who suffers even a mild concussion needs to be kept out of play to avoid a second concussion. Second impact syndrome results when a person sustains a second concussion before a first concussion has resolved. Death or severe brain injury can result.

In situations where a coach or staff isn’t paying attention to kids who are playing too rough or who don’t know the importance of a proper concussion assessment protocol, a child’s concussion can go undetected. This is what I’m most concerned about. One minor head bump later, and a kid could suffer the kind of life-altering injuries most parents dread or worse.

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Visit our Pennsylvania and New Jersey sports injury and accident page for more information or call us at 877.944.8496.

*Disclaimer: This website does not provide any legal advice or create any attorney-client relationship. Each case is unique and requires review by a qualified attorney. Discussion of any prior outcomes or results is no guarantee of the same or similar outcome in current or future cases.

Making Sure Your Child Is Not Injured From A Defective Or Recalled Swing Set| PA & NJ Dangerous Products Lawyers

Sun, 13 May 2012 08:00:00 GMT

Having 2 young boys, my family spends a lot of time playing outside as soon as the weather gets nice. We often take walks or ride bikes around our neighborhood. On these walks or rides, I see a lot of wooden swing sets in the backyards of many homes.

Being a lawyer and a mom, I remember seeing a recent recall for wooden swing sets manufactured by Adventure Playsets. The wood in the posts on the swing sets can weaken due to rotting, which creates a fall hazard for the children. There was a similar recall of these swing sets in November 2009. For more information about these specific recalls, visit the U.S. Consumer Product Safety Commission website.

If you have children and have a wooden swing set, please check on the Consumer Product Safety Commission website to see if your swing set was recalled.

Even if your swing set was not recalled, please check to see if the structure is rotted or weakened from the winter weather conditions to ensure your child's safety.

The last thing we want is for our children to be injured and hurt by a defective or dangerous swing set.

If your child was hurt and seriously injured as a result of a defective or dangerous swing set, you may have questions about your child's legal options. There are various parties that may be liable for your child's injuries:

the manufacturer;
the importer;
the distributor; and
the retailer.

Products liability or dangerous products cases are complicated and our PA and NJ products liability and child injury lawyers can answer your concerns and questions for you. 877.944.8396. Click here to access our legal article about products liability law.

**DISCLAIMER: This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.

Distracted Driving--The New Drunk Driving|Pennsylvania & New Jersey Injury Lawyers

Sun, 13 May 2012 08:00:00 GMT

When I was young, drunk driving did not have the stigma it has today. Police officers who pulled over a drunk driver would often follow the drunk driver home to make sure that they -- the drunks! -- made it home safely.

I remember one incident that occurred in my home town when I was a kid. A gentleman who was known around town as a heavy drinker damaged his car while pulling out of a restaurant parking lot after “last call”. As a result, his car would only travel in reverse. He attempted to drive home from the restaurant in reverse. He was pulled over by a local cop who literally escorted this man to his driveway while the man drove drunk backwards. It became the talk of the town. A lot of people thought it was funny. The drunk driver was considered “a character”. This was in the late 60’s or early 70’s, and the designated driver didn’t exist. At that time, there was relatively little social stigma attached to drunk driving.

Due to the work of Mothers Against Drunk Driving and other similar organizations, all of that has changed. Drunk drivers are now almost universally seen for who and what they are -- a menace to society who should be prosecuted, not protected, by law enforcement. Nobody thinks drunk driving is funny anymore.

Distracted drivers, those who talk on the phone, read e-mails, send text messages, program their GPS units while driving, should likewise be recognized for who and what they are -- a major public health hazard along the same lines as drunk drivers.

It was only when public education changed public opinion toward drunk driving that behavior changed on a societal basis. When it was no longer funny or cool to drive drunk, teens and adults alike embraced the notion of the designated driver.

The same type of social pressure needs to be directed toward distracted drivers. It is time for all of us to view the drivers we see clicking away on a blackberry or a cell phone as accidents waiting to happen.

Everyday, there is news coverage of distracted driving accidents, many of which cause serious injuries to innocent victims and even fatalities.

Distracted drivers need to know that there are consequences to their actions. Injured victims can bring claims against the distracted driver for causing the accident.

A Judge in New Jersey is about to decide the fate of a woman who was sending a text to a driver who was texting while driving. This decision will change current and future lawsuits involving texting while driving accidents. If the Judge decides that the woman could be held liable, then injured victims can sue the sender of the text even though he or she was not physically present when the accident happened.

If you have questions about a distracted driving accident or want to know more about our Teen Driving Safety Summit Program, which educates high school teens about the dangers of texting while driving, feel free to contact me. You can also contact our Philadelphia, PA and New Jersey car accident and distracted driving accident lawyers.

Stairway Accidents – Why They are So Dangerous

Sat, 12 May 2012 08:00:00 GMT

Stairway accidents often lead to serious injuries, mostly because of the height and material of the stairs. For example, falling down a flight of marble stairs can and does result in death or serious life-changing injury. I always tell my 5 year old to grab the handle bar as he walks down stairs. In fact, that’s a rule when it comes to walking up or down stairs. It’s a rule at his new grade school. What makes a fall down stairs so dangerous is the height and angle of stairs coupled with the size and weight of the human body. Serious injuries like broken bones and head injuries are common.

So where does a personal injury lawyer come in? Well, a reputable injury lawyer gets involved only if the accident was caused by the negligence of another party. We analyze the facts, take a look at the injuries and decide if there is a case.

For people who suffer devastating career-ending injuries, it’s very important to find the right lawyer. It really could mean the difference between winning and losing.

My firm takes great pride in helping victims of stairway accidents, especially those who have lost their jobs. I’ve helped several stairway accident victims, people who have suffered such severe injuries that they couldn’t return to work.

In one case, a hotel knew that protective nosings – these plastic strips nailed to the top of a step to protect carpet, were coming loose. It did nothing and as a result of that negligence, our client fell down the entire flight after her heel caught one of these strips. She suffered such serious injuries that she wasn't able to go back to work and ended up moving back in with her parents.

When stairway accidents occur, under the laws of Pennsylvania or New Jersey, the owner of the property may be held liable for failing to do something as simple as remove a nosing, patch a hole or fix a loose handle bar.

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*Disclaimer: This website does not provide any legal advice or create any attorney-client relationship. Each case is unique and requires review by a qualified attorney.Discussion of prior outcomes or results is no guarantee of the same or similar outcomes in current or future cases.

Dog Attacks Baby|PA NJ Dog Bite Injury Lawyers

Wed, 25 Apr 2012 08:00:00 GMT

When I was reading the news on the internet the other day, I came across a news article about a 2-month-old child who was attacked and bitten by a dog in his South Carolina home. Tragically, the baby died as a result. The dog that mauled the child was recently adopted by the family.

As a personal injury lawyer, I often hear perspective clients tell me that their own dog attacked them. It is so important to properly match the dog with the owner and the home in which the dog will be placed. It is essential that the sellers, breeders and pet adoption agencies or organizations carefully match the dog with the owner or family adopting the dog. A thorough interview should be conducted to determine whether the potential owner or family is a suitable for the dog.

A bad match between the owner or family and the dog creates serious issues for the dog and individuals, including owners, coming into contact with the dog. Some breeds of dogs are great with children, while other breeds see children as prey or as a toy.

We don't know why the recently adopted dog attacked the child in this tragic case. It is very likely, however, that the dog was a bad match for the family.

If you sustained injuries from a dog bite or attack and want to learn more about potential parties responsible for your injuries, see Liability Beyond The Dog Owner: Other Parties May Be Responsible For Your Injuries From A Dog Bite/Attack (Part A), Part (B) and Part (C). Please also see our legal article for more information about Pennsylvania and New Jersey dog bite law and steps in a serious injury dog bite lawsuit.

**DISCLAIMER: This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.

Mild Traumatic Brain Injuries From Contact Sports|PA & NJ Brain Injury Lawyers

Tue, 24 Apr 2012 08:00:00 GMT

As I watched the Flyers win their final game against the Penguins earlier this week, the lawyer in me could not help but notice the number of concussions suffered by the players this season.

One of the common injuries sustained by athletes playing contact sports is a concussion. If the athlete is not carefully monitored or is let back into the game too fast, another hit can lead to a more serious concussion. It can lead to a mild traumatic brain injury.

We have represented many individuals who suffered mild traumatic brain injury from contact sports or from other accidents, and we found that these individuals are the most neglected individuals in the medical system and in the legal system.

Mild traumatic brain injury is not outwardly visible and often does not show up on a CT scan. Therefore, these cases present challenges for the injured individual and lawyers.

Lay witnesses, i.e. family members, co-workers and friends, have an important role in properly presenting the mild traumatic brain injury so the injured individual can get the full measure of damages in their case.

If you suffer a traumatic brain injury from playing sports or in a car accident and want information about how lay witnesses can help your Pennsylvania or New Jersey personal injury case, click here to get our free report The Use of Lay Witnesses in the Mild Traumatic Brain Injury Case.

You can also contact our experienced PA and NJ traumatic brain injury lawyers if you have any questions about your accident. 877.944.8396.

**DISCLAIMER: This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.

Talking to Parents of Teen Drivers at Germantown Academy About the Dangers of Texting While Driving

Sun, 22 Apr 2012 08:00:00 GMT

Dan O'Brien and I were asked to talk to the parents' community at Germantown Academy a couple of weeks ago about the dangers of texting while driving as part of our Teen Driving Safety Summit program we bring to various local schools.

At the meeting, we discussed the new PA no texting while driving law and its effects. Many parents wanted to know if we thought drivers will abide by the new law.

Our answer was unfortunately "no". Before this State law, Philadelphia County passed an ordinance in December 2009 that banned drivers from using handheld cell phones in any way.

6 months after the ban, approximately 7,500 tickets were issued. A year after the ban, approximately 17,500 tickets were issued. Rather than seeing a decrease in the number of tickets issued, the number actually more than doubled.

It is very likely that this will happen with the new law against texting while driving.

Until there is a social stigma like there is with driving under the influence, drivers will probably continue to text and drive.

Many drivers do not believe that texting while driving is dangerous. You may be shocked to learn that countless research has shown that texting while driving is just as dangerous as driving under the influence.

We, as drivers and as role models to our children, must comply with the texting law. We have to set examples for young drivers. I also hope drivers go one step further than the law and do not talk on the cell phone while driving.

Distracted driving causes serious and fatal accidents. If you were injured in a distracted driving accident, talk to our Philadelphia, PA & NJ car and truck accident lawyers to discuss your rights to recover damages. 877.944.8396

**DISCLAIMER: This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.

Property Owners Need to Keep Sidewalks in a Safe Condition to Prevent Trip and Fall Accidents

Thu, 19 Apr 2012 08:00:00 GMT

As the weather gets nicer, there are more people taking walks or jogging outside.

As property and home owners, did you know that if any of the pedestrians or joggers fall on the sidewalk in front of your home, you may be sued for the injuries they sustain as a result of the fall?

Your sidewalk may be chipped and have a hole or may be uneven because of a tree root and cause pedestrians and joggers to fall. As a home owner, you have a duty to maintain and take care of your sidewalk and keep it in a safe condition.

This is the same duty home owners and property owners have in the winter with snow and ice on the sidewalk. Home owners need to shovel and clear the snow and ice from the sidewalk to keep it in a safe condition.

When you are out gardening and pulling the weeds out of your front yard this Spring, make sure to also check the condition of your sidewalk!

For more information on sidewalk liability and responsible parties, access our legal article about Parties Responsible for Pedestrians’ Injuries in Trip and Fall Accidents on a Public Sidewalk.

If you were injured in a trip and fall accident on a sidewalk, it is important to speak to an experienced Philadelphia PA & NJ trip and fall personal injury lawyer. Call 877.944.8396 for a free no obligation consultation.

**DISCLAIMER: This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.

Fall Protection Systems Should Be at PA & NJ Construction Sites to Reduce Risks of Injuries

Thu, 12 Apr 2012 08:00:00 GMT

When I meet with my clients who sustained injuries from a fall at a construction site, I am sometimes shocked to find out that a fall protection system did not exist.

For example, I had a case one time where a young roofer was catastrophically injured when he fell from a roof. He was 19 years old at the time of the accident. I asked him if there was some type of fall protection system, such as a guardrail, safety net, or a warning line, and he shook his head "no".

He then asked me, "What is a fall protection system?" Needless to say, I was speechless when he asked me that question.

Though it is the employer's duty to install fall protection systems for construction workers to reduce the risks of injuries, it is also important for the construction worker to know what protections need to be provided by the employer.

In the case of my client, he was young and just knew what to do as a roofer. However, he had no idea that fall protection systems also needed to be installed to protect him from risks of injuries.

Access our legal article for more information about the different types of fall protection systems.

If you or a loved one was injured at a construction site due to improper erection of a fall protection system or a lack of one, it is important to discuss your case with qualified Pennsylvania and New Jersey construction accident lawyers. Call 877.944.8396 for a free, no obligation consultation.

**DISCLAIMER: This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.

Community Centers Have a Duty to Provide Safe Facilities to Protect Members from Injuries

Sun, 08 Apr 2012 08:00:00 GMT

As the only personal injury lawyer in the family, I often get questions from family members and relatives about whether someone can sue for personal injuries under certain situations. Some of these questions are hypothetical and some involve real life situations.

The most recent hypothetical question I got was whether someone can sue for personal injuries if they fell on a basketball court. Well, based on that sentence, I could not provide an answer. I needed more information. A person cannot just sue for falling on a basketball court. However, if a person slipped on water that should not have been on the court, then, perhaps there is a case. I still needed more information. So more hypothetical facts were given and the family member soon realized that with every different fact, the end result was different. The only certain answer I was able to give was that the community center has a duty to provide a safe facility and take certain steps to lower the chances of members being injured.

The bottom line is that every case is different. If you think you have a personal injury case, you need to talk to an experienced personal injury lawyer about it. Depending on the facts, there may or may not be a case.

To find out more about how gyms, community and recreation centers need to protect their members, access our legal article: Gyms, Community Centers and Recreation Centers Have the Duty to Supply Proper Equipment and Facilities to Protect Patrons from Injuries.

**DISCLAIMER: This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.

Other Parties Beyond Dog Owners Responsible For Dog Bite Injuries & Attacks

Wed, 04 Apr 2012 08:00:00 GMT

My clients who sustain injures from a dog bite or attack are often surprised at the initial meeting when we discuss who the responsible parties may be, i.e. sellers, breeders and trainers. The right questions must be asked at the initial meeting and a plan must be formulated to ensure the best outcome for a dog bite/attack injury lawsuit.

A real life example is illuminating. I handled a case in which an older woman who lived alone and who worked full-time entered into a “breeding contract” with a kennel that bred Rottweilers. Under this contract, the grandmother was given a Rottweiler for free in exchange for housing and raising it. She was even given a supply of food and some rudimentary veterinary care. The goal was to have someone other than the kennel house raise the dog. The woman was required under the contract to bring the dog back to the kennel periodically to be bred. The puppies would then be given to the kennel. After a certain number of breeding cycles, ownership of the dog would pass to the woman. The kennel gave the woman absolutely no instructions as to how to socialize or train this dog properly. The kennel did not ask the woman a single question about her living arrangement, whether she would be able to walk the dog, where the dog would be housed, etc. The dog was actually kept indoors alone all day. The woman made a habit of physically isolating the dog from all visitors. This created a classic “guard dog” temperament. The dog became very aggressive toward visitors to the home. One day, a very young child visited the woman’s home. The dog was able to escape from its isolation. The dog attacked the young girl with tragic consequences.

I was able to develop and prove an ironclad case of negligence against this commercial breeder. The outcome was a recovery for the young girl that was at least ten times greater than what she would have been able to recover from the woman’s homeowner’s insurance company alone. That outcome was made possible by having a plan and asking the right questions from day one.

For more information, access our legal article to read about responsible parties for injuries sustained in a dog bite or attack. You can also contact us at 1.877.944.8396.

**DISCLAIMER: This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.

PA Neighborhood Association Liability for Injury by Member|PA Premises Liability Law

Fri, 30 Mar 2012 08:00:00 GMT

In recent weeks, there has been significant media coverage of the recent shooting death of a Florida teenager by a so called "neighborhood watch captain." There are multiple news outlets which have reported that both the victim and the shooter may been the initial aggressor. At least one outlet reported that prior to the incident neighbors had complained about the aggressive tactics of the watch captain, George Zimmerman. In addition, there is some indication that Mr. Zimmerman may have been previously arrested for assaultive behavior.

Whatever the truth is in this terrible tragedy, the question as to whether the neighborhood association could be held liable has crossed my mind. I can't answer that question as it relates to Florida law, but under the laws of Pennsylvania, a neighborhood association which has reason to know of a member's aggressive tendencies could certainly be held liable for that member's actions.

It's akin to a situation where a bar or nightclub hires a bouncer who is known to be overly aggressive. Let's say that patrons even complain about the bouncer. Later, if that same bouncer injures someone while on the job, the bar is likely to be liable for the incident.

A neighborhood association who allows a known and overly aggressive member to conduct patrols is asking for trouble. The neighborhood association's insurance company would probably be required to defend the association and also pay the proceeds of the policy if there is a verdict in favor of the injured. In addition, the member's own homeowners or renters insurance policy may apply as well. Click here to for more information about a neighborhood association's potential liability under Pennsylvania law.

If you'd like to discuss your potential negligence claim for an assault or fight, call the premises liability lawyers at White and Williams. 800.944.8396

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.

Do Construction Site Barriers and Barricades Really Protect Pedestrians from Injuries?

Fri, 23 Mar 2012 08:00:00 GMT

As the weather gets nicer, we often see more construction sites, whether it is a new housing development or just the side of a building being refurbished.

If you are a pedestrian walking toward a construction site or zone, you are often directed around a construction barrier or are told to walk on the sidewalk across the street.

These days, pedestrians are often preoccupied by texting or talking on their cell phones. As they approach the construction site, many are so engrossed in their conversations that they don't pay attention to the site. They often don't realize that some of the construction sites may not have proper barricades in place, thereby, increasing the risk of harm to pedestrians.

Putting up barricades at construction sites is not enough to reduce the risk of injuries to pedestrians, motorists and even construction workers. There should be signs, flaggers and traffic control devices in place pursuant to OSHA regulations. If the barriers, signs and traffic control devices in place are not compliant with OSHA regulations, the construction site is often unsafe. Pedestrians and motorists can inadvertently walk or drive into the construction site and sustain serious injuries. Click here to learn about work zone traffic safety at construction sites.

The next time you approach a construction site, make sure you pay attention to your environment to reduce the risk of injuries.

PA Needs to Follow NJ and Ban All Cell Phone Use While Driving

Fri, 23 Mar 2012 08:00:00 GMT

We were recently asked by La Salle College High School to present the Teen Driving Summit scheduled for March 29, 2012.

In preparation for the presentation, we filmed 3 juniors in a car simulator last Thursday, March 15, 2012. During filming, the students and I talked about their driving habits and what they think of texting while driving.

The students knew about Pennsylvania's new law banning texting while driving, which went into effect on March 8, 2012. One of the students asked me how the police officers are going to be able to tell when a person is dialing the phone while driving or when a person is texting while driving? I didn't have an answer for the student and I don't think there is a concrete answer at this point.

This is one of the major concerns with the new PA law banning texting while driving because it does not ban talking on the cell phone while driving.

Talking while driving is still distracted driving and in my opinion, it should also be banned.

Though cities such as Philadelphia and Harrisburg had local ordinances that banned the use of cell phones to talk and to text, these ordinances are no longer effective because the new state law preempts these ordinances.

It seems that the state law is a step in the right directions, but upon further review, it really is a step backwards. The PA legislature needs to follow in the footsteps of the New Jersey legislature and ban use of cell phones while driving, including talking while driving and texting while driving.

For now, we can only wait and see how police officers will enforce the law.

Distracted driving leads to serious accidents and injuries. Distracted drivers can face various legal liabilities. Click here to read about the types of claims distracted driver can face in accidents. If you want to learn more about our Teen Driving Safety Summit Program, visit www.teendrivingsummit.com.

What you need to know before you use your lawnmower or trimmer this season!

Wed, 21 Mar 2012 08:00:00 GMT

Spring is finally here! I am sure many of you are getting the lawnmower or lawn trimmer out from the shed to use for the first time this season.

Many of us just put gas in the lawnmower or trimmer and start cutting, but what we don't realize is that we may be putting ourselves in harms way.

Before you start using the mower or trimmer, it is always a good idea to see if there has been a recall on the equipment you own.

Did you know 14,000 American lawn trimmers were recalled on March 12, 2012? The trimmers have the potential to develop a crack in the shaft, which could cause the gear case and cutting attachment to detach. As a result, users and bystanders can be hurt by the detachment. To get more information about the model recalled, see our news article: 14,000 American Honda Lawn Trimmers Recalled Due to Laceration Hazard.

Unfortunately, some of us may not know about the recalls and sustain serious injuries as a result of the defective lawnmower/lawn trimmer. The user or bystander would possibly have a dangerous products claim against the manufacturer. To learn more, click here to read about defective and dangerous products lawsuits.

Before you use your lawnmower or trimmer this season, be sure to check whether it has been recalled.

Pennsylvania Dog Bite Law Blog: Dog Bite Cases-What to Expect

Wed, 07 Mar 2012 08:00:00 GMT

Dog bite and attack incidents can cause serious injury, scarring or disfigurement or even death when children and infants are involved. Several weeks ago, a 3 day old newborn boy was bitten in the head by the family's husky and died. According to the examiner.com, the 18 month old dog was new to the household and was also recovering from a leg injury prior to the attack.

After the attack, the dog was adopted by a new owner and shortly afterwards, was seized by the local dog warden to be destroyed. It's a heartbreaking case for the family and the dog.

In our dog bite law practice, we see these kinds of cases time and time again. A dog attacks a child and when serious injury results, we look for the cause. Most often, dog attacks result from improper training of a young or aggressive dog. In many situations in Pennsylvania or New Jersey, parties other than the owner may be liable for failing to warn the owner of the dog's potential dangerousness. Those who may be subject to liability include:

prior owners,
breeders/sellers or
dog trainers.

The most important factor in a dog bite liability case is investigation. Proper review of documents from animal control, the health department or even licensing records reveals facts such as prior ownership or prior acts of aggression. It is important to interview neighbors of the dog owner to establish prior aggressiveness and may also reveal liabililty of other parties.

Access our legal article for more information about Pennsylvania and New Jersey dog bite law and steps in a serious injury dog bite lawsuit.

If you'd like your dog bite case reviewed by our highly rated Pennsylvania and New Jersey dog bite lawyers, call 866.944.8396.

Waivers of Liability in PA or NJ Sports Accidents|PA NJ Sports Accident Lawyer

Tue, 06 Mar 2012 08:00:00 GMT

Minors who sign releases or waivers of liability and suffer injury in sports due to negligence of another party will probably be able to recover under Pennsylvania or New Jersey law. In Pennsylvania, the reasoning behind this is that minors are not legally capable of entering into contracts. In New Jersey, the result is the same in that minor's are not able to waive liability for accidents. However, in New Jersey, the reasoning is that the state is viewed as a protector of minors and therefore any waivers executed by a minor will probably be stricken. For more information, access our free article about waivers of liability in Pennsylvania and New Jersey.
But what about adults? In New Jersey, there is a good chance that an adult's waiver of liability will be upheld and will bar the injured adult's claim. There is room to argue against these waivers, however, success depends on the facts surrounding how the contract was signed and the type of sports involved. Pennsylvania isn't as stringent when it comes to an adult's waiver of liability. In Pennsylvania, it is easier to make the case that a waiver shouldn't be upheld because it was signed on a "take it or leave it basis", without room to negotiate.

In these cases, there is simply no way to be sure what the actual outcome will be unless and until there's a thorough investigation. Every case is different. Some defendants have poor record keeping and cannot even locate the signed waiver. When this happens, the waiver of liability becomes a non-issue. Of course, this is a rare occurrence, but it does happen.

Waivers of liability, in my view, should be analyzed purely from the standpoint of a contract, and the courts should apply a standard that requires the waiving party to knowingly and intelligently waive their right to sue in the event of injury.

In criminal law, courts must be satisfied that defendants enter a plea (a contract) knowingly, voluntarily and intelligently. Unfortunately, the same standard is not applied in the context of waivers of liability, but sometimes, the stakes are the same.

In catastrophic injury cases or cases of death from a sports related injury, upholding a waiver of liability is incredibly unfair, especially considering that these waivers are often buried in the middle of a multiple page contract and presented on a "take it or leave it basis." These waivers should be viewed solely in terms of contractual law and before upholding them, courts should be sure that the waiving party understood that they were waiving their right to sue in the event of injury.

Access our free legal article for more information about waivers of liability in New Jersey sports accidents.

If you'd like your case evaluated by our Pennsylvania and New Jersey sports injury lawyers, contact us at 877.944.8396

Claims you can bring under the NJ Products Liability Act for food contamination or E. coli at restaurants

Wed, 29 Feb 2012 08:00:00 GMT

If you enjoy a sandwich from Jimmy John's as I do, you will know that one of the main toppings on the sandwiches are sprouts. Did you know that various patrons of the popular sandwich shop in Wisconsin, Arkansas, Iowa, Kansas, Missouri, and Michigan have been plagued with illnesses due to E.coli contamination in the raw clover sprouts? The Center for Disease Control and Prevention (CDC) concluded in a report that "[p]reliminary results of the epidemiologic and traceback investigations indicate eating raw clover sprouts at Jimmy John's restaurants is the likely cause of this outbreak." Presently, no other grocery stores or other restaurants are associated with the outbreak. There have been no reports of E. coli outbreaks in Pennsylvania or New Jersey.

What is surprising is that this is not the first time Jimmy John's has been associated with a foodborne illness outbreak. There have been multiple previous outbreaks.

2008: at least 19 cases were linked to alfalfa sprouts contaminated with E. coli in Colorado;
2009: 228 people were plagued with illnesses after eating sprouts contaminated with Salmonella in Nebraska, Iowa, South Dakota and Kansas;
2010: 94 people became ill after eating alfalfa and spicy sprouts contaminated with Salmonella in 16 different states.

The company switched from alfalfa sprouts to clover sprouts following the above outbreaks. However, sprouts are considered a type of food with higher food safety risks. Washing the sprouts does not eliminate E. coli and Salmonella. Since 1990, sprouts have been linked to at least 40 foodborne illness outbreaks. If there were previous outbreaks due to contaminated sprouts, why would Jimmy Johns continue to put them in the sandwiches after consecutive outbreaks in previous years? It appears that there may be a basis for awarding punitive damages to the victims. Other claims include pain and suffering or manufacturing defect claims.

To find out about other types of claims and the New Jersey Products Liability Act, please see "New Jersey Products Liability Legal Article: Is Food a Product Under the New Jersey Products Liability Act?" If you or a loved one was seriously injured by a food product in the New Jersey or Pennsylvania areas, call our personal injury and product liability lawyers. Our firm spares no expense in the investigation and prosecution of these cases. Our lawyers will provide answers to all of your questions and advise you on how to proceed. 877.944.8396.

PA|NJ Slip and Fall Law-Fairness

Sat, 25 Feb 2012 08:00:00 GMT

Recent High Profile Slip and Fall Lawsuits-Fair or Not?

According to online news outlets, Paula Abdul was ordered to pay $900,000 earlier this week for settlement of a slip and fall case filed against her and a production company. According to TMZ, Paula and the production company were sued by a woman who fell at Paula's driveway during filming of a reality show.

Also this week, a N.H. court ruled in favor of a volunteer firefighter who was permitted to sue a homeowner after the firefighter slipped and fell on an icy driveway when responding a home fire.

Without knowing any of the facts of these two cases, I can't say for certain whether the cases themselves were fair or not. But it's certainly not a stretch to say that they are fair within the laws of their respective states because otherwise, their outcomes would probably be entirely different.

Of course there are those who believe that personal injury lawsuits aren't fair and that money grubbing plaintiffs are just trying to ride off into the sunset with a trunk full of some poor corporation's money. However, the law is designed to protect against meritless cases and these types of cases do get thrown out and dismissed. Yet, time and time again, the media portrays these injury cases with an air of disdain and many reports fail to reveal all of the important, necessary facts.

Remember the McDonald's case? Years ago, a woman sued McDonald's because she was burned when she spilled a cup of their coffee in her lap. The case garnered significant media attention because of the multi-million dollar jury award.

This woman suffered 3rd degree burns to her pelvic region. Now, pelvic region to me, means that it includes some especially private areas, considering that she was sitting in her car when she spilled the coffee. Third degree burns aren't minor burns you can treat with a little aloe. They aren't the ones that leave a little red mark. To the contrary, these types of burns are significant and burn all layers of the skin. People can die from 3rd degree burns. That's how serious these burns are.

Here's another important detail most media outlets failed to reveal: in the 10 years prior to the incident, McDonald's had received 700 complaints of people suffering various degrees of burns from their coffee, which was served at temperatures between 180-190 degrees Fahrenheit. The temperature of boiling water is 212 degrees Fahrenheit. So, the coffee at issue was close to boiling. Anyone want to pour a cup of near boiling water on themselves? Anyone want to pour a cup of near boiling water near their private areas?

We live in an era where we expect personal responsibility from each other, and rightfully so. However, I think people forget that businesses, corporations, homeowners and the like also have to accept personal responsibility. If something we do as individuals, homeowners or businesses causes injury to someone else, well then we have to be personally responsible for it.

We can't reasonably expect that when our negligence causes injury to someone lawfully on our property, we get to avoid liability. Same goes for the injured person, if their own actions contributed to the accident, then they also have to accept personal responsibility. Pennsylvania and New Jersey recognize these principles and both states have adopted comparative negligence-which basically means that when examining causality, the plaintiff may be assigned some percentage of fault. Personal responsibility applies to everyone. Now, that's fair.

Click here to access my most recent article about slip and falls due to water/spills in Pennsylvania. If you or a loved one was seriously hurt in a slip and fall accident in the Pennsylvania or New Jersey areas, call our injury lawyers for a free consultation. 877.944.8396

Dog Bites and Liability in NJ and PA

Mon, 20 Feb 2012 08:00:00 GMT

Dog Bites and Liability

Several weeks ago, a Denver news anchor was bitten in the face by a dog that was being featured on the show with its owner. Here are some other headlines from online news outlets in the past week:

Baby injured in El Paso County pit bull attack
Pit-bull attack: Woman's leg, arm amputated
Baby death by dog spurs warning for pet-owning parents

Dog attacks are quite common and can be fatal or cause serious, disfiguring injuries. There were reports that the news anchor lost part of her lip and had over 75 stitches to her face.

In most cases of a dog attack or bite, the owner is likely to be liable under either Pennsylvania or New Jersey law. However, other parties may bear liability:

dog breeders,
dog trainers,
veterinarians,
landlords,
any person or business entity who had a duty to warn of a dog's dangerous tendencies.

In cases of serious injuries or death, investigation into the dog's history and prior ownership are important. Any evidence of aggressive traits, personality or breeding is important. For example, if a dog is bred from two aggressive parents, it is important for a dog buyer to know of that history. In many instances, a dog breeder simply does not inform buyers of the potential for aggressiveness. This is the kind of behavior which may result in liability in Pennsylvania or New Jersey.

The dog injury lawyers at White and Williams have pursued cases of liability beyond the dog owner. If you'd like your case evaluated by our lawyers, contact us. 877.944.8396