Duties of Property Owners During the Winter in Pennsylvania

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Must Property Owners Remove Snow and Ice?

Duties of Property Owners During the Winter in PennsylvaniaIt’s winter in Pennsylvania, when snow and ice make for slippery sidewalks, steps, and other walkways. If you live in Pennsylvania, it’s something you expect. Does that mean property owners have a duty to anticipate winter weather and take appropriate measures to minimize the risk of injuries to visitors?

Recovering Damages from a Property Owner for a Winter-Weather Fall

In Pennsylvania, to recover compensation for a slip-and-fall injury on ice or snow, you must show that the property owner knew or should have known of the dangerous condition but failed to take reasonable steps to either remove the snow/ice or properly warn others. Pennsylvania courts have consistently held that a property owner has 24 hours from the end of a snowstorm to either remove accumulated snow or ice or provide visitors with notice of the potential risks.

The “Hills and Ridges” Doctrine

Pennsylvania has an unusual statute, known as the “hills and ridges” rule, which applies when there is an accumulation of snow. Under this legal doctrine, a property owner’s duty to remove snow or warn of its danger arises only if the accumulation of snow has caused the formation of hills or ridges. This principle applies in these situations:

  • The hill or ridge unreasonably obstructs pedestrians;
  • The hill or ridge actually causes an injury; or
  • The property owner knows or should know of the presence of the hill or ridge at the time of the accident.

A property owner may not use the hills-and-ridges doctrine as a defense when an injury is caused by some other type of negligence.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Driving in the Winter in Pennsylvania

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Is There a Higher Standard of Care When Driving in Ice and Snow?

Driving in the Winter in PennsylvaniaUnder the laws governing negligence in Pennsylvania, all persons in society have a duty at all times to use reasonable care. That extends to the operation of a motor vehicle. When you are on the road in Pennsylvania, you must obey the speed limit, as well as other traffic laws, in part to minimize the risk of injury to other motorists.

If you’ve driven in a Pennsylvania winter, though, you know that driving on ice and snow is a different experience than driving on a dry road. Does the same “reasonable care” standard apply to motorists driving in a Pennsylvania winter? Or do they have to exercise a higher level of care, given the conditions?

Applying Negligence Principles to Winter Driving

No specific statute or written law mandates a higher or different degree of care from motorists driving in snow and ice in Pennsylvania. The legal principle of negligence, though, requires that a person take into consideration all extenuating circumstances when determining what behavior is reasonable. Accordingly, if you operate a motor vehicle during the winter in Pennsylvania, you must pay attention to whether it’s snowing, whether the snow is turning to ice, how much snow is on the road, how it’s affecting your ability to control your vehicle, and whether you need to make changes to respond to weather conditions. For example, should you drive slower than the posted speed? Should you put your bright lights on? Should you pull off the road and wait to see if the weather improves? There’s no hard and fast rule about what’s reasonable, but if you are involved in an accident, you can expect that a jury will ask those same questions.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or contact us online.

Drunk-Driving Accidents in Pennsylvania

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Proving Fault and Recovering Damages

Drunk-Driving Accidents in PennsylvaniaThe National Highway Traffic Safety Administration (NHTSA) estimates that about one in every fourteen automobile accidents involves the use of alcohol, and one in every seven traffic fatalities is alcohol-related. If the person who causes your motor vehicle accident is convicted of drunk driving, does that automatically make them liable for your personal injury or property losses? What are your options if the drunk driver has little or no automobile insurance?

Evidence of Fault

The criminal prosecution and any civil suit arising out of a drunk-driving accident are two separate and distinct legal proceedings. A guilty plea or verdict in a DUI/DWI criminal case in Pennsylvania does not automatically render the defendant responsible for your losses in a civil suit but may be introduced as evidence to establish fault. However, in a personal injury claim, it’s not enough to simply show that the defendant was driving under the influence of alcohol. You also must show that the defendant’s drunk driving caused the accident.

Potential Sources of Compensation

Statistically, about one in three drunk driving convictions involves a repeat offender. Because of the dramatic premium increases after a DUI conviction, many drunk drivers have little or no insurance coverage. Fortunately, Pennsylvania is one of a handful of states that takes a no-fault approach to motor vehicle insurance. When you are injured in an auto accident, you look to your own insurer.

If your insurance coverage is insufficient to cover your losses in a drunk-driving accident, you also can seek damages from other sources:

  • Under the “dram shop” laws in Pennsylvania, you can seek compensation from establishments, such as bars, taverns, restaurants, and party stores, who serve or sell alcohol to persons who are visibly intoxicated. The same rule applies to private individuals who host events where alcohol is served.
  • If the accident is caused in part by roadway defects, you may have a claim against a municipality or other government entity.
  • If the accident is caused in part by a dangerous or defective car or car component, you may have a product-liability claim against the designer and/or manufacturer.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail and videoconference. To schedule an appointment, call us at 610-565-4055 or contact us online.

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What to Do When You’re Hurt in a Motor Vehicle Accident

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Taking the Right Steps to Protect Your Health and Your Legal Rights

What to Do When You’re Hurt in a Motor Vehicle AccidentA motor vehicle accident can change your life in an instant. Depending on the nature and severity of your injuries, you may be unable to work; may experience significant pain and discomfort for weeks, months, or years; or may be forced to give up activities you love. You have a right to seek compensation for all your losses, but there are specific steps you should take to fully protect your health and your legal interests. Though one of your first acts should be to retain an experienced attorney, there are other things you can do to protect your interests.

Step One: Get the Medical Attention You Need

In the aftermath of an auto wreck, your physical well-being needs to be your top priority. Your injuries can be serious even if you weren’t traveling at a high rate of speed and even if you don’t notice any obvious issues right away. This isn’t the time to shake things off, to try to be strong. Provided it’s safe to do so, be willing to stay right where you are until emergency medical professionals arrive and defer to their expertise regarding whether you should go to the hospital in an ambulance or seek medical care on your own.

Even if you’re able to move about under your own power, seek medical attention as soon as possible. Go immediately to the hospital or an urgent care facility, or make an appointment to see your personal physician.

When receiving medical treatment, be sure to tell doctors and nurses about anything that seems out of the ordinary. Don’t focus on obvious injuries—lacerations or broken bones—and neglect to mention the stiffness in your back or neck. Often, the injuries that seem the most insignificant at first end up being the most debilitating in the long run. In addition, be sure that medical professionals document everything in writing.

Step Two: Gather Information to Help Your Attorney

To the extent possible, try to gather as much information as you can about other parties and witnesses so that your lawyer can contact them and gather evidence to support your claim. It’s also helpful to get pictures of everything, including road conditions, weather, your injuries, and any damage to vehicles. You don’t need a special camera—the one on your phone is fine.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconferencing. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Negligent Entrustment—When You’re Liable for Someone Else’s Driving

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Permitting an Incompetent, Reckless, or Unfit Driver to Use Your Car

Negligent Entrustment—When You’re Liable for Someone Else’s DrivingIn most situations involving injuries sustained in a motor vehicle accident, any claim for damages is made against the person driving the other vehicle. There are, however, instances where you can seek damages from a third-party—someone not even in the car at the time of the crash. Some examples include claims against employers for accidents caused by their employees, claims against parents for accidents caused by their teenage children, and claims against manufacturers, designers, and sellers for accidents caused by dangerous or defective products.

One of the legal principles that can be used to hold a parent liable for the acts of a child is negligent entrustment, which actually has a more expansive application under the law. It imposes liability in any situation where you knew or should have known that the person you allowed to use your car lacked the competency to do so safely.

When Does the Doctrine of Negligent Entrustment Apply?

The legal theory of negligent entrustment holds that you may be liable if you let an incompetent, reckless, or unfit person operate your vehicle, and they cause an accident. There are many situations where the doctrine can apply:

  • Where you knew or should have known that the driver lacked the necessary experience and skills to safely operate a car, whether because of lack of training, age, or inexperience
  • Where you knew or should have known that the driver had mental health issues or other health issues that impaired his or her ability to safely drive a motor vehicle
  • Where you knew or should have known that the person’s advanced age, fragility, lack of attention span, or other issues rendered him or her unsafe behind the wheel
  • Where you knew or should have known that the person taking your car was under the influence of drugs or alcohol

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconferencing. To schedulean appointment, call us at 610-565-4055 or contact us online.

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Personal Injury Claims—What Do You Have to Prove?

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What Are the Elements of a Successful Personal Injury Lawsuit?

Protecting Your Rights After a Car AccidentWhen you have been hurt in an accident—whether a motor vehicle collision, slip-and-fall, malfunction of a household appliance, or mishap at work—you hope that the person who caused the accident (or the appropriate insurance company) will cover all your losses. Unfortunately, that rarely happens. To get the monetary award you need to compensate for all your losses, you typically have to bring legal action against one or more parties. You might be able to settle your claims before trial, but otherwise, you must bring your case to a judge and jury to get the outcome you want and deserve. This article provides a broad overview of what you must demonstrate to the court in order to get a ruling in your favor.

The Legal Principle of Negligence

As a general rule, most personal injury cases are based on the legal theory of negligence. To successfully prove negligence, you must show three things:

  • That the defendant (the alleged wrongdoer) did not act as a reasonable person would at the time of the accident;
  • That the defendant’s failure to act in a reasonable manner caused the accident; and
  • That, as a consequence of the accident, you suffered actual losses.

In the American civil justice system, there is no written law or rule specifying what conduct is considered reasonable. Instead, that question is resolved by the jury on a case-by-case basis. Juries are bound to follow prior rulings so that there’s consistency in the application of the law.

To establish cause, you generally must prove two things: that the accident would not have occurred had the defendant not acted unreasonably; and that the accident and the ensuing injuries were a reasonably foreseeable result of the failure to act reasonably.

Finally, you must demonstrate to the court that you had actual losses. If your injuries and damages were all covered by insurance, there’s no actual loss—you can’t recover twice for the same loss. Furthermore, if you had property damage, but the property had no recognized value, there’s no actual loss.

Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

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When Mechanic Carelessness Leads to a Motor Vehicle Accident

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Can You Bring Legal Action Against the Shop or Mechanic?

Protecting Your Rights After a Car AccidentOne of the keys to minimizing the risk of a motor vehicle accident is regular maintenance of your vehicle—for example, making certain brakes are functioning well and that your car will respond properly in an emergency. But what if mistakes by a mechanic cause you to crash? What if brakes are installed incorrectly, or a mechanic fails to properly secure the lug nuts when rotatingyour tires? Can you bring legal action against the mechanic or garage for injuries or property damage?

The simple answer is that you can always bring legal action to recover losses caused by someone else’s negligence. In practice, though, it can be difficult to establish that the mechanic was negligent and that the negligence caused your accident.

To succeed with a negligence claim, you must show that the defendant (the party from whom you are seeking compensation) failed to act as a reasonable person would, or in other words, that they “breached” the standard of care expected. That standard is not set forth in a statute but is usually determined by a jury. In a lawsuit, the jury looks at the conduct of the defendant and asks, “Did the defendant act as a reasonable person would?” If the answer is no, the defendant may be liable.

To find the defendant responsible, the jury also must determine that the failure to meet the standard of care caused an accident. Issues of causation often come up with respect to finding a mechanic or repair shop liable. Is there credible evidence to show that the accident would not have happened but for the mechanic’s carelessness? Did any other factors intervene and cause the accident?

If you can show that the mechanic acted negligently, and that the breach of the duty of care caused your accident, you have a good chance of recovering from the shop, as well as the mechanic. Under the legal theory of respondeat superior, an employer is typically responsible for the negligence of an employee acting in the ordinary performance of his or her job.

Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

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