To a joyful present and a well-remembered past. Best wishes for happy holidays and a magnificent new year.
Is There a Duty in Pennsylvania to Remove Snow and Ice from Your Car?
Can You Be Liable if You Cause an Accident Because Your Vision Is Impaired?
It may be dangerous, but it’s a common sight—motorists driving on the streets or highways of Pennsylvania with an accumulation of snow on the hood or windshield, or with small patches scraped in the ice or frost on the windows. What does Pennsylvania law say about the responsibility of a driver who causes an accident because they failed to clear snow or ice from a vehicle?
No Statutory Requirement to Remove Accumulated Snow and Ice
There is currently no written law in the state of Pennsylvania that obligates drivers to remove ice or snow from a motor vehicle before taking on the street. The legislature has seen many such bills introduced, but none have passed. There is, though, a statutory provision that can lead to fines and penalties if a driver has a sufficient accumulation of snow or ice on a vehicle such that it forms a “projectile” and causes death or serious bodily injury to another driver.
However, just because there’s no written law governing the accumulation of snow and ice doesn’t mean a driver can’t be held financially accountable for another person’s loss or injury. Under the legal theory of negligence, all persons in society are required to use reasonable care in their daily pursuits, so as not to create an unreasonable risk of injury to others. It can be argued in a court of law that a reasonable person, upon observing an accumulation of ice or snow that might impair visibility, would clean the snow and ice from places such as the windshield, hood, bumpers, top, and other areas. In determining what areas to clean, the driver should give consideration to loose snow that might blow around while driving, thereby impairing visibility.
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, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.
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Happy Thanksgiving 2019
“Give thanks not just on Thanksgiving Day, but every day of your life. Appreciate and never take for granted all that you have.” – Catherine Pulsifer
Slips-and-falls in Pennsylvania’s Winter Weather Conditions
The Duties of Property Owners with Respect to Snow and Ice
Winter’s just about here, and in Pennsylvania, that means lots of snow and the potential for icy conditions. According to the National Weather Service, many parts of Pennsylvania can get up to two feet of snow every year. When conditions create snow, ice often follows. Snowy and icy sidewalks and steps often contribute to slip-and-fall injuries. What are the duties of property owners in the Quaker state regarding the accumulation of snow and ice?
The Duties of Owners and Property Managers
In Pennsylvania, anyone seeking to recover damages for a slip-and-fall on an icy or snowy sidewalk or other thoroughfare must show that the owner or manager of the property knew or should have known of the potentially dangerous condition. It also must be shown that the property owner/manager failed to take reasonable steps to remove the snow/ice or warn others of the danger.
As a general rule, in Pennsylvania, a property owner has 24 hours after the end of a snowstorm either to provide a warning or remove the snow. Pennsylvania also has a unique legal doctrine, known as the “hills and ridges” doctrine, whereby the duty of property owners only arises when the accumulation of snow or ice causes the formation of “hills” or “ridges.” This rule of law has three requirements:
- The accumulated snow or ice must be such that it unreasonably obstructs travel.
- The property owner/manager must have actual or constructive knowledge of the hill or ridge.
- The hill or ridge must have caused the injured person to slip or fall.
There is, however, an exception to the “hills and ridges” doctrine—it will not exculpate a property owner when dangerous conditions are created by some other type of negligence, such as improper building maintenance.
Contact Our Office
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.
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What Is Probate?
Do You Want to Try to Avoid It?
Frequently, when you hear a discussion of or reference to probate, it’s about how to avoid it. Let’s take a look at what probate is, and then we’ll consider whether you want to avoid it. We’ll also look at some ways to do just that.
What Is Probate?
When you die, one of the necessary tasks to be handled is the transfer of property you own. Who will get the property, and how will it become their property? That’s the primary function of the probate process—to oversee the orderly distribution and transfer of your assets in accordance with your wishes. It’s also referred to as “settling your estate.”
The probate process enlists the power of the probate court to make certain all necessary legal steps are taken after your death to pass on your property according to your wishes. It’s important to understand, though, that the probate court only handles the distribution of assets you own at the time of your death. The probate process does not apply to property you give to someone else before you die. It also does not cover property you own jointly with another person at the time of your death—that property automatically transfers to the other living joint owners. Probate also doesn’t involve property that has been placed in trust.
An estate may go through the probate process, whether or not there is a valid and enforceable will. If there’s a will, you are considered to have died “testate,” and the probate court will ensure that the executor distributes your property in accordance with the provisions of your will. If you die without a will, you are considered to have died “intestate.” When that happens, the court will apply state laws of intestacy to determine how property is allocated.
Do You Want to Avoid Probate?
There are generally two reasons a person wishes to avoid probate—the length of time the process takes and the potential cost. Depending on the complexity of the estate, the probate process can take months or even years to resolve. In addition, the attorney handling the estate in probate court often takes a percentage of the value of the estate as a fee. Property that passes outside of probate can pass virtually immediately and with no loss of value.
Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of individuals throughout Delaware County since 1980, including those with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.
Happy Veterans Day 2019
“The willingness of America’s veterans to sacrifice for our country has earned them our lasting gratitude.” — Jeff Miller
The Duties of an Executor in Pennsylvania
Taking a Will through the Probate Process
In Pennsylvania, as in all states, when you use a will to create an estate plan, the will names a person to act as executor (sometimes referred to as “administrator” or “personal representative.” In essence, the executor is tasked with making certain your will makes its way through the probate court, so that your estate is settled. That duty involves a number of responsibilities
The Executor Must Be Granted Legal Authority
Simply naming a person as your executor in your will is generally not sufficient to give them the legal authority to handle your estate. The executor must first submit the will to the Register of Wills, which must be done in the county where the deceased lived. Once the will has been properly filed, the Register of Wills will issue what are known as “letters testamentary,” giving the executor the power to act as representative of the estate.
The Executor Must Compile an Inventory or Accounting of All Assets of the Estate
After appointment, the executor has nine months to file an inventory of estate assets with the Register of Wills. The inventory includes all real, personal and financial assets. If there is property of uncertain value, the executor must have it appraised or find experts who can determine its value.
The Executor Must Notify All Potential Beneficiaries
Anyone specifically named in a will, or who potentially meets the qualifications to receive a bequest under the will (for example, a child of the deceased if the will leaves certain property “to my children, to be divided equally”). Typically, specific bequests are made first, based on the available assets in the estate. Bequests of a percentage or share of an estate are typically calculated after debts have been paid and specific bequests have been made.
The Executor Must Pay All Final Debts and File All Tax Returns
The estate assets will typically be used to pay final medical bills, funeral expenses, estate administration fees and reasonable debts. A state inheritance and a federal estate tax return must also be filed.
The Executor Must Distribute Assets According to the Terms of the Will
As the final step in the probate process, the executor will prepare an accounting of remaining estate assets, as well as a schedule for the distribution of the remaining estate property. Those documents are filed with the Register of Wills. Once the beneficiaries agree with the planned distribution, the assets will be conveyed as set forth. If there’s any disagreement, an audit of the estate will typically be ordered.
Contact Our Office
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.
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Protecting Yourself When Purchasing a Home in Pennsylvania
Taking the Right Steps to Safeguard Your Investment
For most individuals, the purchase of a home is the single largest transaction of their lives. Regardless of the size of the home, it’s a substantial investment and you want to take the right steps to ensure that there are no surprises.
Step #1: Hire an experienced attorney—With any real estate purchase, there will be many documents, often in complex legal language—buy-sell agreements, disclosures, mortgage, note, title commitments, easements and restrictive covenants. Your interests will be best served by having those documents carefully reviewed by a qualified lawyer, who can identify and remedy any irregularities or errors.
Step #2: Make certain the seller complies with all disclosure requirements—In Pennsylvania, a seller must inform you about the condition of the property, disclosing any “material defects,” and notifying you of :
- The condition of all contents, such as appliances, that will be included in the sale
- Any deed restrictions or homeowner’s association rules or fees
- Any problems with plumbing, electrical, heating and cooling or other property systems
- Whether the house has required smoke detectors and whether they work
Step #3: Get the house inspected—Don’t rely on the representations of the seller. Have a professional inspector examine the house, looking for:
- Evidence of mold
- Pest infestation, such as termites
- Structural integrity of walls, floors, roof and foundation
- Problems with furnace or air conditioner, plumbing, drainage and electrical systems
- Concerns about soil settlement or erosion
Step #4: Make certain you have a purchase agreement that you understand—It’s a good idea to walk through the buy-sell agreement with your attorney, so that you know it sets forth the terms as you want them to be. Don’t be afraid to ask questions or have your lawyer explain things that are unclear.
Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.
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Third Party Liability in Motor Vehicle Accident Claims
Recovering Compensation from Someone Other than the At-Fault Motorist
When you have been injured in a car accident or other motor vehicle crash, the first place you typically look is to the driver whose act ions caused the collision. Sometimes, though, the at-fault driver may not have the required insurance or other resources to adequately compensate you for all your losses. Though it may seem surprising, you are not limited to filing suit against the other driver—you may successfully recover compensation from other third parties, provided you can prove the elements of negligence
What You Must Show to Prove Negligence
To meet the legal test for negligence, you must demonstrate to a judge and jury that:
- The defendant did not act as a reasonable person would under the circumstances—All persons in society are held to a certain "standard" or "duty" of care, typically described as that of an "ordinarily prudent" person. To recover any damages, you must first show that the defendant’s actions failed to rise to that level.
- The "breach" of the duty of care caused the accident—You must show that the accident would not have occurred, but for the failure of the defendant to act as a reasonable person. In addition, you must show that the injury sustained and the losses suffered were "reasonably foreseeable" as a consequence of the failure to act reasonably.
- You suffered actual loss because of the accident—If all your injuries were covered by insurance, or if the property damaged had little or no value, you will not be able to recover compensation
Types of Third Party Liability for Motor Vehicle Accidents
Third party liability for a motor vehicle accident may be found in a number of situations:
- Where the accident is caused by an impaired driver—The person or entity providing the alcohol or other substances may have acted negligently
- Where the accident is caused by a person during the course of his or her employment—An employer may be liable for the carelessness of an employee under certain circumstances
- Where the accident is caused by someone who is borrowing a vehicle—The vehicle owner might be potentially responsible. Typically, though, there will only be liability if the owner knew or should reasonably have known of the risk posed by the borrower.
- Where the accident stems from a roadway defect
- Where the accident is caused by a dangerous or defective product
Contact Our Office
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.
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What Happens If You Are Hurt on Someone Else’s Property?
Premises Liability in Pennsylvania
In Pennsylvania, as in all states, the owner of residential or commercial property has a legal obligation to monitor and maintain the premises so as to minimize the risk of injury to anyone legally on the property. It’s important to understand that the duty is not absolute—it does not require that the owner prevent all injuries on the property. The owner must take reasonable steps to monitor conditions on the property, and may respond in a number of ways:
- The dangerous condition may be remedied
- The owner may prevent access to the part of the property that poses the danger
- The owner may post reasonable warnings advising visitors of the potential danger
Liability, though, is not limited to the owner. It can extend to anyone who exercises control over the premises, including a property manager or tenant.
The duty owed by the owner (or person in control) is different, based on the status of the visitor to the property:
- Trespassers—A trespasser is a person who enters the property without permission or legal right. An owner generally has no duty to a trespasser, except in limited situations involving children and what are referred to as "attractive nuisances."
- Invitees—An invitee is anyone who comes on property primarily or exclusively for the benefit of the property owner, typically for business or social reasons. In Pennsylvania, the property owner owes the highest duty to an invitee—all known and unknown dangers must be corrected.
- Licensees—A licensee is someone who is invited on property for reasons that don’t necessarily benefit the owner. It can also include individuals who enter under authority of law, such as police officers, first responders and firefighters. For a licensee, a property owner must address only known dangers.
Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.
Personal Service | Dedicated Advocacy | Cutting Edge Technology