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Personal Injury
- New York state man recovers $200K for fingers lost to lawn mower
- Eight Powerful Reasons to Hire a Local Attorney
- Court Allows Claims For Emotional Distress After Alleged Breach Of Contract To Continue
- Wal-Mart Limits Subrogation Rights Against Workers
- Pennsylvania Worker recovers for fall from ladder bought at Home Depot
Premises Liability: The Slip and Fall
- NYC to pay $2.75M for softball accident in school gym class
- New case law on slilp and fall on icey sidewalks owned by a City
- Worker who lost leg in construction accident receives $13M
- Boy blinded in ATV rollover gets $6M settlement
- ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES’ DISEASE AT THE FLANNERY TOWERS
Workers' Compensation
- New York Times article on biased "Independant" Medical Examiners
- No Work Jobs
- Prison Guard receives settlement in MRSA case
- New blog post at the Pa Injury Law blog about the effect Bush had on OSHA
- New post on the Pa Work Injury Law Blog about what to do when you're laid off
Vehicle and Automobile Accidents
- Pennsylvania Car Accident Plaintiff's award of $400,000 Upheld On Appeal
- An unsafe intersection in Athens Township?
- Pennsylvania Superior Court Case Quashing Underinsured Motorist Carrier Appeal
- Pa. Superior Court Allows UIM And Bad Faith To Proceed At Same Time
- People injured in Springfield Township, Bradford County automobile crash
General
- Insurance company denials of benefits in Pennsylvania and New York
- CALL YOUR MEMBER OF CONGRESS AND URGE SUPPORT FOR THE ARBITRATION FAIRNESS ACT OF 2009
- Another ATV Death
- Bradford County, Pennsylvania has a new website
- No conflict of interest between Bradford County, Pennsylvania's new Judge and new District Attorney, despite them cousins
Legal News
Judge campaign candidates speak at dinner in Towanda
Judge Beirne unopposed in local race
Attorney General Tom Corbett to visit Bradford County
Beirne will run for full term as judge
Bradford County Employers Laying Off Workers
Death Benefits Not Mandatory for PA Car Insurance
Bradford County: Judge Beirne presiding
Pennsylvania Senate confirms Beirne as Bradford County judge
Legal Library
Personal Injury
- Questions for Your Doctor In Personal Injury Cases
- Traumatic Brain Injury: By The [Staggering] Numbers
- What is an Independent Medical Examination?
- Common Questions About the Legal Process
- The Wrongful Death Of A Child - Part Two
Premises Liability: The Slip and Fall
- Cracked, Broken or Irregular Sidewalks Causing a Fall
- Dog Bites
- If You Have Been Bitten or Attacked by a Dog, Then You Need to Read This Article
- New Pennsylvania Superior Court Case on Dog Attack
- Lead Poisoning Threatens Pregnant Women
Workers' Compensation
- New York Times article on Independent Medical Exams
- Response to Time Magazine Article: "Doctor's View: Can Health Coverage Cause Pain?"
- Specific Loss Benefits
- Reimbursement for Travel Expenes in Pennsylvania Workers' Compensation Cases
- Flow of Pennsylvania Workers' Compensation Claim Documents Prior To Litigation
Vehicle and Automobile Accidents
- Reducing The Impact of A Whiplash Injury
- Car Accident Injuries: Neck Pain
- Multi-Truck Accident in Susquehanna County Results in Hospitalization
- Repeat Offender Facing DUI Charges After Accident Lands Passenger in Hospital
- Driver Strikes Mother and Daughter in School Crossing Zone
Newsletters
General
Premises Liability: The Slip and Fall
Skiier Injured Exiting Chairlift Did Not Assume Risk
From JudicialView.com:
Blocked Departure Area Not an Inherent Risk of Skiing
As Patricia Clarke was preparing to disembark from a chairlift at the Peek ‘N Peak ski resort in February of 2003, she noticed that there were children standing around the unloading ramp. Afraid of running into and hurting one of the children, Clarke straddled one of them, fell and injured her leg.
Clarke brought a personal injury suit against the ski resort, alleging that the operator of the chairlift should have stopped the lift and cleared the exit area. Peek ‘N Peak moved for summary judgment, arguing that skiing is a dangerous activity and Clarke assumed the risk. A magistrate judge recomended that Peek ‘N Peak’s motion be denied.
In its opinion, the District Court analyzed the assumption of the risk doctrine under New York law, determining that the ski resort’s liability hinged on whether it created a dangerous condition over and above that inherent in the sport of skiing. While exiting a chair lift did contain some inherent risks, colliding with another skier was not an inherent risk of exiting the chairlift. By allowing children to gather in the exit area, Peek ‘N Peak created a unique circumstance that made the act of skiing even more risky.
Additionally, the chairlift operator’s failure to slow or stop the lift and clear a path was in violation of both Peek ‘N Peak’s policy and New York state regulations. As such, there was a question of fact as to whether the ski lift operator had been properly trained to run the chairlift.
The District Court denied the motion for summary judgment based upon assumption of risk.
Clarke v. Peek 'N Peak Recreation, Inc., ---F.Supp.2d ---, 2008 WL 732794 (W.D.N.Y., Mar. 18, 2008)
Vehicle and Automobile Accidents
The importance of wearing your helmet while riding an ATV
I know I've blogged about this before, but riders of motorcycles and ATV's (All Terrain Vehicles) should always, always, always wear a helmet. I know in Pennsylvania the law says that it's not necessary, but some riders who are involved in accidents pay the ultimate price.
From the Towanda DailyReview.com:
Robert Packer Hospital reported Monday that David Campbell of Sayre who was critically injured in an area ATV accident on Sunday has died.
Campbell, 55, had been riding a 2005 Honda Rancher ES at 7:45 p.m. on July 6 on Marcy Hill Road in Monroe Township when he was thrown from his vehicle, according to state police.
Campbell, who police stated had not been wearing a helmet, had sustained a severe head injury and was flown to Robert Packer Hospital, police stated.
Here's more coverage of this horrible accident from The Morning Times.
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FAQs
Personal Injury
- How long is all this going to take?
- The insurance company offered me a settlement almost immediately after my serious accident. Should I accept it?
- The insurance company says that I don’t need a lawyer to settle this. What do you think?
- What is my case worth?
- What factors determine who is at fault in a car accident?
Workers' Compensation
- What happens if I return to a modified duty job and then I am laid off?
- If I am unable to return to the type of work I did before I was injured, what happens?
- If I am injured on the job can I choose the doctor who treats me?
- Should an injured worker apply for unemployment benefits?
- What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?
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