Resources

Monthly Archives: July 2018

Jul 31, 2018 - Dog Bite Injuries

Pennsylvania Has Additional Requirements for Dangerous Dogs

The state of Pennsylvania implements a hybrid liability system for dog bite injuries — strict liability that covers medical expenses for most dog bites, and dangerous dog liability that covers a much broader range of damages for bites by dogs that are defined as “dangerous” or deemed to have “vicious propensities” pursuant to statutory law. If you have been injured in a dog bite attack, then you may have the right to sue and recover substantial damages as compensation — particularly if the dog qualifies as “dangerous” under Pennsylvania law.  It’s important to note that the owners of dangerous dogs have additional duties so as to minimize the risk of injury posed by their dog.  Their failure to meet these duties will almost certainly improve your chance of success in litigation. What is a Dangerous Dog? Section 502-A of the Pennsylvania Statutes elaborates on those qualities that make for a dangerous dog. A dog will be deemed “dangerous” if it has: Injured or attacked a human without provocation; Injured a domestic animal without provocation while off the owner’s property; Been used in the commission of a crime; A history of attacking people or domestic animals without provocation; or A propensity to attack people or domestic animals without provocation. For example, if the defendant’s dog has attacked people at a public park over the years, then a Pennsylvania court will almost certainly adjudge that dog as dangerous. Once the dog qualifies as “dangerous,” owners are subject to several new requirements. Additional […]

Read More

Jul 24, 2018 - Personal Injury

Why Do Many Injured Plaintiffs Settle?

Negotiated settlement compromises are extremely common in the personal injury context, in both Pennsylvania and elsewhere in the country.  Though traditional wisdom once pegged the amount of settled cases at 95 percent of the total, data-driven studies have noted that the settlement rate most likely hovers between 66.9 and 87.2 percent, depending on the disputed claims at issue. Settlement may seem an odd choice to those injury plaintiffs who are unfamiliar with the litigation process.  After all, they are agreeing to abandon the claims at-issue and accept a negotiated deal — typically less than the amount that they could have potentially secured had they succeeded at trial. So, why is settlement such a popular choice?  There are a number of great reasons.  Let’s break them down. Trial Litigation is Not Ideal for Many Plaintiffs Even if you have a strong, actionable claim for damages, trial litigation may not actually be the ideal choice.  Litigation can be quite costly from a time/effort, emotional, and financial perspective.  It can also cause problems with your work or business schedule.  It’s not easy to balance your legal duties with the normalcy of your everyday life (family, friends, work, etc.). Further, trial litigation is not private.  In fact, if you bring a claim against the defendant for damages, your trial will be open to the public — you may be subject to media scrutiny, and your reputation could be damaged, depending on the circumstances of your case.  Settlement allows you to avoid the “hassle” and […]

Read More

Jul 17, 2018 - Allentown Car Accident Lawyer

You May Be Entitled to Sue the Car Owner in an Accident

Car accident litigation can vary quite a bit from case-to-case, particularly if the owner of the vehicle is not the same as the negligent driver that caused your injuries — in Pennsylvania, this gives you a potential right of action against the car owner for damages pursuant to negligent entrustment. Injured in a car accident due to another’s fault?  Pennsylvania law may entitle you to significant damages.  Speak to an experienced Allentown car accident lawyer for further guidance. Negligent entrustment is plaintiff-friendly in the sense that it gives the injured plaintiff access to another defendant’s pockets, so to speak — for example, if you are suing the defendant-driver, but the driver does not have sufficient insurance coverage to account for your losses, then having access to the “pockets” of the vehicle owner will ensure that you can obtain some additional compensation. What is Negligent Entrustment? Negligent entrustment is not the same as the claim you would otherwise bring against the negligent driver — it is a separate and independent claim brought against the owner of the vehicle for negligently permitting the driver to operate the vehicle, thus exposing others to an unreasonable risk of injury. For example, if you are injured by a drunk driver, then you may want to investigate the ownership of the car involved.  If the car was owned by their sibling, who — after further investigation — is found to have permitted the driver to operate the vehicle despite knowing that the driver was intoxicated, then […]

Read More

nbta badge super lawyers badge avvo badge rising star badge Million Dollar Advocates Forum Peer Review Rated paaj champion badge NAOPIA
Drake, Hileman & Davis

Get Answers to Your Questions

Let's determine if you have a case.