As spring break approaches, parents and college students alike tend to get excited, but for different reasons. Here are some spring break safety tips. If driving, rotate drivers to keep everyone rested. Whoever sits in the passenger seat should always stay awake to ensure that the driver stays awake and alert. Two people paying attention […]
The Pennsylvania Supreme Court addressed the enforceability of waivers for acts involving recklessness in the case, Tayar v. Camelback Ski, 616 Pa. 385 (Pa. 2012). It ruled that there is a dominant public policy against enforcing waivers that protect those who engage in reckless behavior from liability. However, before the Pennsylvania Supremes arrived at their decision, […]
In Pennsylvania, exculpatory clauses in contracts are enforceable if three conditions are met. First, the clause must not contravene public policy. Second, the contract must be between persons conducting and concerning their private affairs. Third, each party must be a free bargaining agent so the contract is not one of adhesion (a contract drafted by […]
The legal concept of res ipsa loquitur may be difficult to understand for those unfamiliar with Latin or legal terminology. This Latin phrase translates to “the thing speaks for itself.” It is important because it a rule of evidence that allows a jury to infer the existence of negligence and causation where the injury at issue […]
If you are injured on the job in Pennsylvania, workers’ compensation benefits in the form of payments for lost wages, medical care, specific loss benefits, and death benefits are available. When is an employer required to begin paying workers’ compensation benefits after a work-related injury? Under the Workers’ Compensation Act, an employer and its insurance […]
In Pennsylvania, once a worker is injured on the job and his or her claim is accepted by his employer’s workers’ compensation insurance carrier, the injured worker should have no cause to pay for medical treatment. Instead, the doctor, hospital, or other medical provider is legally required to bill a workers’ compensation insurance company directly and may […]
Owning or renting property does not give an owner or leaseholder the right to do whatever he or she wants while on the property without any restrictions. County and municipal ordinances typically regulate what property owners and lessees may not do while enjoying their property. Sometimes a neighbor may cause a disturbance that rises to […]
Workers who sustain a job injury or a work-related illness receive benefits under the Pennsylvania Workers’ Compensation Act. These benefits include medical expenses and, if a worker is unable to work, wage-loss compensation benefits until they can return. While recovering from an injury, an injured worker may have the opportunity to earn income from another […]
Motor vehicle accidents may substantially affect those drivers and passengers who are unfortunately involved in them. When they occur, personal injury, including physical and emotional harm, and property damage are results of an accident that must be addressed by an experienced personal injury attorney. Another is an accident’s effect on the insurance rates of the […]
A recent case heard by the Pennsylvania Supreme Court, Feleccia v. Lackawana College (2019), addressed gross negligence in a case involving a football injury. Feleccia involved two student-athletes at Lackawanna College who suffered severe physical injuries while both were participating in football tackling drills on the same day in March 2010. Before they participated in the football […]
