Jan 15, 2021 - Slip and Fall

Airport Slip and Falls

Let an Allentown Slip and Fall Lawyer Fight For Your Rights In a typical Pennsylvania slip and fall accident at a public place such as an airport, the injured victim; i.e., the plaintiff, needs to prove the following: The airport had a duty to protect the injured victim from unreasonably dangerous conditions; The airport breached that duty; That breach of duty caused the slip and fall accident to occur; and The slip and fall accident caused the victim to sustain injuries and damages. The most difficult element to prove will be #2: How did the airport breach its duty to protect the injured victim from unreasonably dangerous conditions? Several years ago, A Delaware woman sued the City of Philadelphia and a snow removal contractor for injuries she sustained after falling to the ground at Philadelphia International Airport in a premises liability case. According to the complaint, the plaintiff was walking at the airport near Gate F8 on Dec. 21, 2009, when she slipped and fell on ice that had accumulated on the ground. The lawsuit alleged carelessness and negligence for failing to properly and adequately maintain the premises and for allowing a dangerous and hazardous condition to exist. This is a typical airport slip and fall scenario. If you have been injured by a slip and fall accident in Pennsylvania, contact an Allentown slip and fall lawyer at Drake, Hileman & Davis for help. Common Causes for Slip and Fall Accidents at Airports An airport property owner has a duty […]

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Jan 13, 2021 - Dog Bite Injuries

Insurance Limitations on Certain Dog Breeds

The question is: are certain breeds of dogs genetically predestined to be aggressive, or is aggression purely an environmental issue, i.e., a matter of treatment and training? There is somewhat of a split among the experts. According to dog expert Cesar Millan, on his website Cesar’s Way, “I deal with a lot of red zone dog behavior cases, and I often hear people incorrectly blaming the breed. Any breed can cause trouble. The difference between an aggressive chihuahua and an aggressive pit bull is that the bigger breeds can cause proportionately bigger damage.” Furthermore, The American Animal Hospital Association (AAHA) states in an article on their website entitled “Are Certain Breeds of Dogs More Aggressive Than Others?” that the study did not prove that certain breeds of dogs are more dangerous than others but simply proved what veterinarians have long believed: that nearly any dog can be aggressive, or non-aggressive, based on its early training, socialization, and environment. On the other hand, according to the APA Guardian, “It is undeniable that some breeds are naturally more aggressive than others.” And, oddly enough, some list the diminutive chihuahua as the most aggressive breed of all. In any event, if you have a dog that was involved in an aggression incident or have suffered an injury from being attacked by a dog, contact an Allentown dog bite lawyer for help. Insurance Companies’ Response It has become commonplace for insurance companies to reject or restrict homeowner insurance coverage of certain dog breeds that […]

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Jan 8, 2021 - Dog Bite Injuries

Dog Behaviors That May Lead to Attacks

Man’s best friend. That phrase is often completely accurate, particularly for the elderly and children, or people who live alone. Commonly, a dog as a pet is someone’s only companion, not just their best friend. This is why aggression in dogs is such an emotional hot button. No one wants to see their best friend put down for a single act of aggression. If you have a dog that was involved in an aggression-related incident or have suffered an injury from being attacked by a dog, contact an Allentown dog bite lawyer for help. Why Do Dogs Become Aggressive? Most experts will tell you what it is not caused by, despite common belief: breed type. The only difference between an aggressive lap dog and an aggressive pit bull is the amount of damage they cause. Dogs become aggressive for a variety of reasons: Injury and Illness. If a dog that has never shown any sign of aggression suddenly begins growling, snapping, or biting, it may be caused by a disease or illness, such as arthritis, bone fractures, internal injuries, various tumors, and lacerations, and even cognitive issues, like cognitive dysfunction or brain tumors. Your first trip should be to the vet. Fear. A scared dog can easily develop aggressive behavior. Most dogs only exhibit aggressive behavior if they sense that they are in danger, cannot escape, and feel the need to defend themselves, such as when they are backed into a corner. Many rescue dogs come from a past filled […]

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Jan 6, 2021 - Wrongful Death

Common Wrongful Death Cases Handled By Our Stroudsburg Wrongful Death Lawyer

A wrongful death, which can be defined as a death caused by another party’s negligence or intentional acts, can occur in many circumstances. The statistics are stunning: every year, over 90,000 deaths occur due to medical malpractice alone, not including the many other causes of wrongful death. According to the Centers for Disease Control and Prevention (CDC), there were 19,656 slip-and-fall fatalities in 2005. The CDC’s Institute of Medicine (IOM) also reports that an estimated 98,000 Americans die each year due to preventable medical errors, as one in five medical errors are potentially serious or fatal. The CDC reports that there were 19,656 slip-and-fall fatalities in 2005, and in 2006, there were 5,840 fatalities resulting from workplace accidents. If you have a loved one who has passed due to someone else’s negligent or purposeful behavior, contact a Stroudsburg wrongful death lawyer for help. Common Accidents That Lead to Wrongful Deaths Wrongful death can arise from a wide variety of causes. Some of the most common causes include: Car Accidents. Each year, hundreds of thousands of lives are lost due to car accidents, and many more face a long and difficult recovery. After fatal car accidents, loved ones are left to struggle with medical bills and/or reduced household incomes, even as they are making funeral arrangements and grieving. Truck Accidents. Truck accidents are different from car accidents in that the size and weight of the vehicle in question, for example, semi-trucks, are far greater than those of an automobile. When a […]

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Dec 31, 2020 - Personal Injury

Factors That Could Lead to a Large Settlement

Our Allentown Personal Injury Lawyer Can Help You Get the Compensation You Deserve If you’ve been injured in an accident due to the fault of another, then Pennsylvania law may give you a right of action against the defendant. It’s important to understand, however, that successful cases don’t often go to trial — despite public perceptions.  The vast majority of disputes are resolved through settlement, thus avoiding the time, expense, and frustration associated with trial litigation. At Drake, Hileman & Davis, PC, our attorneys have decades of experience representing a wide range of injured plaintiffs in Pennsylvania.  In many cases, we’re able to secure a favorable result through early settlement.  If you’d like to speak to an experienced Allentown personal injury lawyer about your case, call us at 888-777-7098 or send us a message online to schedule a free and confidential consultation today. For now, you may be thinking: what actually influences the dollar value amount that the defendant is willing to settle for?  Let’s take a brief look at some of the unique factors that can lead to a larger settlement amount. Highly-Serious Injuries Injuries that are particularly severe — such as loss of limb, blindness, and traumatic brain injury, and other impairments — are likely to be associated with significant damages, as the impact can be quite drastic. The pain and suffering associated with a serious injury is likely to be severe, and there may be consequences for the plaintiff’s social and personal life.  Their spouse may leave […]

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Dec 29, 2020 - Dog Bite Injuries

Recovering Damages When You’ve Suffered a Dog Bite

Speak to an Allentown Dog Bite Lawyer Today If you’ve been seriously injured in a dog bite attack in Pennsylvania, then you may be wondering what you can do to recover damages.  After all, it may not be immediately clear whether you’re entitled to sue the owner — especially if the dog’s aggression surprised their owner. Fortunately, those who have been subject to a dog bite attack are almost guaranteed some form of compensation. Let’s take a closer look. Medical Expenses Covered Outright In Pennsylvania, when a plaintiff is injured in a dog bite (or another type of dog attack) scenario, they are entitled to sue the owner and recover damages to cover their medical expenses related to the dog attack.  This coverage is granted in accordance with “strict liability” principles.  In other words, it’s not necessary for you — the plaintiff — to prove that the owner was at fault.  All that’s necessary is that you were, in fact, attacked and injured by their dog.  This guarantees at least some form of compensation in most cases. The key limitation here, however, is that recovery is limited to medical expenses only.  If you’d like to recover for your other damages (i.e., pain and suffering, wage loss, etc.), then you’ll have to prove that the owner was negligent. Owner Negligence Owners can be found negligent if you show the following: that the owner knew about the dog’s vicious tendencies, and that the owner was negligent in failing to control or otherwise […]

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Dec 22, 2020 - Personal Injury

Recovering Damages for Loss of Earning Capacity

Bethlehem Back Injury Lawyers Working For You Some accidents can lead to debilitating injuries, which may influence the damages that you can pursue in the subsequent personal injury lawsuit.  Debilitating injuries — such as serious back issues — can not only lead to severe pain and suffering but may also lead to impairments that make it difficult (if not impossible) to return to the career trajectory that one had pre-injury. For example, if you’re a professional basketball player and you lose leg function in a car accident, then you will no longer have a future as a professional basketball player.  This could have significant impacts on your income and must be reflected in the lawsuit’s overall damages. Let’s take a closer look. Loss of Earning Capacity — Proving Impairment In Pennsylvania, “loss of earning capacity” damages track one’s actual, post-injury ability to earn in the future, and compares it to what they could have earned had they never been injured. This can be difficult to establish, and the plaintiff and defendant may disagree vehemently over the numbers.  For this reason, it’s important to secure valuable expert testimony, gather all necessary evidence (such as pay stubs), and evaluate all relevant factors: potential for promotions, projected pay for the career path in one’s industry, alternative career paths that may be available to you, average retirement age, the availability of bonuses, pension options, and more. For example, suppose that you injure your back in a car accident.  As a result, you can no […]

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Dec 15, 2020 - Slip and Fall

Inadequate Lighting and Slip and Fall Lawsuits

Hire an Experienced Allentown Slip and Fall Lawyer If you’ve been injured in a slip and fall accident due to inadequate lighting issues — perhaps at a retail store, or at an office — then Pennsylvania law may entitle you to sue and recover significant damages.  Let’s take a closer look at some of the issues typical of a slip and fall dispute, and more specifically when the dangerous condition involves inadequate lighting. Basics of a Slip and Fall Case Slip and fall cases fall under the umbrella of “premises liability” disputes.  In the premises liability and slip and fall context, an individual is entitled to sue and recover damages if they injure themselves on another’s property due to the existence of a dangerous condition. Dangerous conditions can include liquid spills and other hazards, such as poor and inadequate lighting.  For example, if you are walking on a tile surface, and there’s an obvious spill, but you don’t notice it due to dim lighting conditions, then you would be entitled to bring an action against the defendant if you suffer a slip and fall injury as a result. Evaluating the Surrounding Circumstances Establishing the liability of the property owner isn’t always straightforward, especially in a case where you are attempting to show that inadequate lighting was a dangerous condition.  You’ll not only have to show that the lighting was sufficiently poor to pose an unreasonable risk of injury, but you’ll also have to show that the defendant knew or should […]

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Dec 8, 2020 - Easton Car Accident Lawyer

Who Can You Sue in a Truck Accident Dispute?

Let Our Easton Accident Attorney Help If you’ve been injured in a truck accident, then Pennsylvania law may entitle you to sue and recover damages as compensation — but who, exactly, are you entitled to sue?  It may seem obvious to sue the driver, but there are potentially other defendants who are contributed to the accident and are therefore responsible for your injuries. Suing multiple defendants is an excellent strategy for when a single defendant might not have the financial wherewithal (or insurance coverage) necessary to pay out your damages in full.  In those circumstances, it’s important to explore other defendants who have the resources necessary to cover your losses. Let’s take a closer look. The Truck Driver If the truck driver was negligent, reckless, or even intentionally caused the accident, then you may sue them directly. Truck drivers may have personal insurance coverage that can cover their losses, but it’s worth noting that truck accidents tend to be more severe than other motor vehicle accidents — as such, your damages may be significant, and may not be properly covered by a cheap insurance policy. The Trucking Company If the truck driver was employed and was acting within the course and scope of their employment, at the time of the accident, then you may have a right of action against their employer — the trucking company.  You need not prove that the trucking company was negligent to impose liability.  This is known as the doctrine of vicarious liability — an […]

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Dec 1, 2020 - Doylestown Car Accident Lawyer

Are You Entitled to Damages if You Weren’t Wearing a Seatbelt?

Get Help From a Knowledgeable Doylestown Accident Lawyer If you’ve been harmed in a motor vehicle accident due to the fault of another, then you may have a right to sue the defendant and secure compensation.  But what initially appears — on the surface — to be a straightforward case may be complicated by certain facts. What happens if you weren’t wearing a seatbelt at the time of the accident?  It is almost certainly a form of negligence on your part — but does it prevent you from suing the defendant and recovering damages? Not necessarily!  In Pennsylvania, evidence of whether you were or were not wearing a seatbelt is inadmissible at trial.  However, in states like New Jersey, the absence of using a seatbelt can be raised as a defense to the plaintiff’s claim for damages. Let’s take a closer look. Causal Link So, in states that allow a “seatbelt defense,” the defendant must show that your negligence (in failing to wear a seatbelt) is associated with your injuries.  They have to establish a causal link.  Let’s use an example to clarify how this works. Suppose that you are harmed in a car accident where you were not wearing a seatbelt.  Were your injuries caused by not wearing a seatbelt or would you have been injured regardless, even if you had been wearing one?  The use of a seatbelt may have had no impact on the nature of your injury.  Moreover, and tragically, we have represented clients who suffered […]

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"Unfortunately, I had a a slip and fall incident and it left me in a situation where I struggled to support my family and I really had no idea what my rights were. Thankfully, someone recommended DHD, specifically Jeremy Puglia, and it was the best decision I could have made. I was able to focus on getting better while he made certain no one took advantage of me or the situation. He listened to what I felt was fair and why, discussed it all with me and fought for me. I would NOT want to be up against him in a court room. Some people were made to defend others and he is one of them for sure!"
Posted By: Heather Fischer

Drake, Hileman & Davis

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