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Monthly Archives: January 2019

Jan 31, 2019 - Personal Injury

Business Owners Must Provide Adequate Security

In Pennsylvania, premises liability principles give injured plaintiffs the right to bring a lawsuit against a property owner for failing to correct non-obvious dangerous conditions of the property (i.e., property hazards, such as broken stairs).  For example, if you trip and fall on the defendant’s stairway due to a broken step, then you could sue and recover damages as compensation. The situation becomes a bit more complicated when the “dangerous condition of property” is not linked to an inanimate object, but is instead linked to the negative and potentially harmful behaviors of another individual.  In many cases, businesses fail to provide adequate security to their customers, and this gives rise to a significant injury risk.  Depending on the circumstances surrounding the incident, a lawsuit against the business owner may be possible. So, what is the advantage of pursuing a lawsuit against the business owner?  Generally speaking, individual criminals do not have the assets or coverage to compensate the injured victim for their losses.  In order for the victim to obtain full compensation, they’ll have to establish the liability of defendants who have “deep enough pockets” to pay — here, the business owner. Reasonable Foreseeability is the Key Pennsylvania law does not make business owners absolute guarantors of the safety of their customers.  Liability may only attach if the business owner knew or reasonably should have known about the dangerous condition of property.  In the inadequate security context, the dangerous condition that the business owner knew or reasonably should have known […]

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Jan 24, 2019 - Trip and Fall

Five Common Stairway Defects That Increase the Risk of Injury

Let Our Allentown Trip and Fall Lawyers Help In Pennsylvania, stairway defects often lead to trip and fall injuries.  Had the property owner (or builder, in some cases) properly evaluated these hazards and corrected them in a timely manner, then the injuries might have been prevented. If you’ve been injured in a trip and fall accident due to the existence of a stairway defect, then you could be entitled to significant compensation.  If the defect is not obvious (i.e., broken steps), then the defendant is likely to argue that the steps were not, in fact, dangerous.  In many cases, the central point-of-conflict is whether or not there was a defect-based stairway hazard. Consider the following. Tread Surface Issues Tread surfaces (i.e., the top of each step) are particularly prone to defects, many of which may not be obvious upon a brief visual inspection.  When the surface is excessively smooth or rough in relation to what is “customary” and thus represents an unexpected departure from the norm, this can be a serious tripping hazard.  Loose items left on tread surfaces can also contribute to the danger, particularly if the adjacent riser leaves a shadow that hides the loose item from the stairway user. Inadequate Lighting Inadequate lighting is a problem that many property owners may not realize affect the safety of a stairway, as the light source is often a distance away from the stairway itself.  For example, in a restaurant setting, customers may be reliant on a light in the […]

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Jan 17, 2019 - Personal Injury

Litigating a Claim Involving Catastrophic Spinal Cord Injuries

Bethlehem Back Injury Lawyers The spinal cord is fundamental to both movement and sensation in the human body, and as such, an injury to the spinal cord can lead to impairment of these functions.  Catastrophic spinal cord injuries often cause: Paralysis Shooting pain Burning pain Movement deficits Sensational deficits And more If you’ve sustained an injury to your spinal cord due to the fault of another party, it’s important that you seek the assistance of a qualified attorney who can help you litigate your claims.  You may be entitled to damages under Pennsylvania Law.  Contact Drake, Hileman & Davis, PC for comprehensive guidance. Catastrophic Injuries Require Significant Compensation The impairments caused by a catastrophic spinal cord injury may lead to damages that surprise most who are unfamiliar with the personal injury litigation process. Suppose, for example, that your legs are paralyzed in a car accident involving a driver who was operating their vehicle recklessly at the time of the accident.  Following your accident, you can no longer work at your construction job.  You may also struggle with the loss of enjoyment related to various social and physical activities that you can no longer partake in.  Your participation in recreational sports may represent a significant loss from both a social and exercise-based perspective. As the injured plaintiff, you may recover for your pain and suffering, humiliation, mental anguish, lost wages, loss of future earning capacity, retraining costs, medical expenses, and various other losses. Timely and Compassionate Resolution Many plaintiffs suffering from […]

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Jan 10, 2019 - Doylestown Personal Injury Attorney

What Are Emotional Damages?

If you’ve been injured due to the negligent or wrongful misconduct of another party in Pennsylvania, then you may have a cause of action against the defendant for damages.  These damages may not only compensate you for the financial losses and physical harm that you suffered due to your injuries, but also the emotional harm. Economic and Non-Economic Damages In Pennsylvania, compensatory damages in a personal injury case can be separated into two different categories: economic and non-economic damages.  Economic and non-economic damages are fundamentally different than one another, though they are both critical to securing a full and adequate recovery. Economic Damages Economic damages account for financial losses suffered due to the accident at-issue.  These may include, but are not necessarily limited, to: Lost wages Loss of future earning capacity Medical expenses Property loss And more Due to their more objective nature, economic damages tend to be rather straightforward to prove, though you’ll have to keep copious records to ensure that you have the evidence to support your claims. Non-Economic Damages Non-economic damages account for the physical and mental losses suffered by the plaintiff due to the accident.  These may include, but are not necessarily limited, to: Pain and suffering Mental anguish Stress Embarrassment Humiliation Loss of enjoyment of life And more Due to their more subjective nature, non-economic damages can be difficult to prove, as the defendant may assert that your claim is “outrageous” based on the circumstances.  Because they cannot experience what you are going through, they […]

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