Resources

Monthly Archives: April 2019

Apr 30, 2019 - Premises Liability

What Qualifies as a Dangerous Condition of Property?

Slip and Fall Lawyer in Allentown, PA If you have sustained injuries in a slip and fall accident, then you may be entitled to compensation under Pennsylvania law (through litigation against the at-fault property owner or possessor).  Though slip and fall accidents come under the larger umbrella of personal injury litigation, they involve unique elements and challenges that are worth consideration, particularly as you begin the claims evaluation process. Let’s take a closer look. Slip and Fall Basics In Pennsylvania, and elsewhere, slip and fall liability is imposed when a property owner or possessor creates a dangerous condition (i.e., a hazard), or negligently fails to correct a known dangerous condition, and thereby exposes the premises entrant to an unreasonable risk of harm. It’s worth noting that the defendant is not always liable for damages caused by a dangerous condition — if the owner did not know about the existence of the dangerous condition, and could not reasonably have known about it, then they cannot be held liable for damages.  Further, if the premises entrant (the injured plaintiff) knew about the dangerous condition, or if the condition was obvious, then they are not entitled to compensation for their injuries. Critically, success in a slip and fall lawsuit often turns on whether the condition at-issue was actually “dangerous.” Understanding “Dangerous” Conditions A dangerous condition of property — in other words, a hazard — is that which exposes others to an unreasonable risk of harm given the circumstances.  The risk must be excessive […]

Read More

Apr 23, 2019 - Personal Injury

How a Catastrophic Back Injury Can Lead to Significant Damages

Back Injury Lawyers Serving Clients in Bethlehem and Throughout Pennsylvania Catastrophic injuries — including those that affect the back, spine, brain, and other critical bodily systems — can give rise to complex litigation, as the injured plaintiff’s claim is likely to be substantial given their various impairments and losses. For example, if you are rendered paraplegic in a car accident, then your damages are likely to be significantly more (all else being equal) than if you had only fractured your leg.  An injury that causes you to become paraplegic will have a long-term impact on your physical, psychological, and social health, and may severely undermine your ability to work. Given the high-stakes nature of catastrophic injury litigation, it’s important that you consult with a team of attorneys who have extensive experience handling personal injury claims that involve significant damage claims.  We encourage you to contact Drake, Hileman & Davis, PC for more information about how we can help you move forward with your catastrophic injury claims. Back Injuries Can Cause Pain and Functional Impairment The back is particularly vulnerable to damage in an accident and can lead to significant and long-term functional impairments.  Regardless of the individual, the back is central to many intertwined systems in the body — it houses the spinal cord, and its musculature provides necessary support for most full-body movement. Injuries to the back can give rise to: Severe pain and suffering Limited mobility Difficulty making accurate movements Burning sensations Stabbing sensations Strength deficits Paralysis And […]

Read More

Apr 16, 2019 - Motorcycle Accidents

Motorcycle Lane Sharing and Liability

Experienced Accident Lawyer in Bethlehem, PA If you have been injured in a motorcycle accident that was caused — at least in part — by the negligence, recklessness, or intentional misconduct of another party, then you may be entitled to significant compensation under Pennsylvania law.  There a number of regulations that specifically target unsafe motorcycle operation, such as lane sharing regulations, and these have a substantial impact on the litigation of a related accident claim. Let’s take a closer look. Lane Sharing is Legal, But Has Limitations According to section 3523 of the Pennsylvania Code, motorcyclists are allowed to share their lane, but that right is quite limited.  More specifically, motorcyclists may not share the lane with any vehicle except for another motorcycle.  Two motorcycles may ride side-by-side with one another in the same lane — no more.  Further, a motorcycle may not overtake and pass another vehicle in the same lane.  The motorcyclist must first shift lanes, even when attempting to overtake and pass another motorcycle. Lane Splitting is Not Lane Sharing It’s important to note that lane sharing is not the same as lane splitting.  Where lane sharing involves a motorcyclist riding side-by-side within the same lane, lane splitting involves a motorcyclist operating in the space between two lanes.  Pennsylvania law prohibits lane splitting. Liability Issues Related to Lane Sharing Lane sharing liability may seem obvious when an applicable law is broken, but it’s worth noting that the defendant may attempt to avoid liability by arguing that their […]

Read More

Apr 9, 2019 - Dog Bite Injuries

Exotic Animal Bite Injuries and Liability

Dog Bite Attorney in Allentown, PA Have you been injured in an exotic animal attack — at a zoo, garden, circus, or even in a residential area where the animal has a permitted individual owner?  Depending on the circumstances of the injury, Pennsylvania law may give you a right of action against the owner for damages. Here at Drake, Hileman & Davis, PC, we have successfully litigated numerous animal bite cases, with significant results obtained through settlement and trial.  Contact us today to learn more about how we can help you pursue your claims. Exotic Wildlife Ownership is Limited and Strict In Pennsylvania, exotic wildlife possession is extremely limited and highly-regulated.  An exotic animal may only be possessed by public zoological parks/gardens, nationally-recognized circuses, and individuals with the necessary permits. Individual permits are granted for each exotic animal, and the individual must have at least two years of hands-on experience in a licensed facility, as well as house the animal in a safe and sanitary manner that adequately protects the public from the dangers of such wildlife. If an exotic animal owner fails to satisfy the legal requirements, they could be exposed to civil and criminal penalties. Imposing Liability As a foundational matter, it’s important to understand that exotic animal owners must exercise due care in safeguarding the public from attack.  Failure to do so could give you — the injured plaintiff — a right to sue and recover damages for the suffered losses. Whether the owner is liable will […]

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 logo

WHAT OUR CLIENTS ARE SAYING

"Working with this firm was an amazing experience. I worked with Jeremy Puglia and from the very beginning I felt confident that he would do his absolute best for me. He took the time to inform me every step along the way and made me comfortable. Navigating the legal waters is a confusing process and I was grateful that Jeremy was there the whole time. He was great at communicating with me quickly and was flexible about meeting outside of his office. I would highly recommend him and should I have a need for a lawyer in the future, I wouldn't hesitate to contact Jeremy."

Drake, Hileman & Davis

Get Answers to Your Questions

Let's determine if you have a case.