Who is responsible if I Slip or Fall On Ice?

In Pennsylvania, the law requires property owners to keep and maintain their property free from dangerous conditions that might injure an "invitee" or "licensee". Invitee or Licensee are legal terms. These basically mean anyone who has a right to be on the property.

Example: You fell on an icy sidewalk or parking lot at a store or business. You went there to buy something, or you were there for any business purpose. In this example you would be a business invitee and the business owner and property owner would be reponsible for any dangerous condition that caused you to slip or fall. This would include untreated snow or ice.

Example 2: You fell on an icy sidewalk of a store or business as you were walking by (you weren't going into the business). You would still be a public invitee. The business would still owe you a "duty" to keep the sidewalk free of any dangerous defects, including untreated snow or ice.

Example 3: You fall walking along a sidewalk of a private residence. Here, the property owner is required to keep their sidewalk clear of any dangerous defects, including untreated snow or ice.

Another example would be a defective condition to a property that causes ice to form. This would include a leaky gutter or downspout, snow piled up in a store parking lot that had melted runoff and then re-froze but was not treated or removed.

If you have been injured as a result of a dangerous accumulation of snow or ice, you could be able to recover wage loss, medical bills, harm resulting from bodily injuries, lost future earnings and other economic losses. The insurance carrier for the property owner may have "med pay" coverage. That is a separate coverage for medical bills. Keep in mind that you may not want to give any type of statement to an insurance company. You may want to speak with a lawyer before giving out any information to the property owner's insurance company. If you have any ability to get a picture of what caused you to fall, you should take the picture as soon as possible. Obviously, the snow or icy condition could and likely will change very soon after your fall. Even if you can get a picture with a camera phone, that is helpful to preserve evidence. If you fell at a store or business and you are able to inform them, you should do so. They may ask you to fill out an "Incident Report". You should be careful about filling out any written statement, particularly if they write it and ask you to sign it.

If you have any questions, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304
www.PAinjurycase.com

Settling a Personal Injury Claim of a Child in Pennsylvania

In Pennsylvania, any injury claim of a child must be approved by the Court. The Court takes a special interest in minors because they want to make sure they are protected. This means that a Petition for Approval of a Minor's Compromise must be filed with the appropriate court. Basically, a request that the Court issue an Order finding that the settlement offer is approved. The Petition should typically include the amount of the settlement offer, the type of injury and the type of treatment and last/most recent treatment status of the child. It should also include a statement that the parents believe the settlement to be fair and reasonable. Most Courts will schedule a Hearing where the parents and child must attend. The Judge may ask questions to make sure the settlement is fair and the family understands the terms of the settlement. The Court, when approving the settlement of a child, will require that the money be put into an interest-bearing account at least until the child turns 18.

If you would like more information, feel free to contact us.

David Schreiber
PAinjurycase.com
610 792-3304
Emphasis on Personal Injury

The insurance company denied my claim- what now?

If the insurance company denies your claim, you should not take that as a determination that you have no case. In fact, how do you know they're not just trying to get out of responsibility? What you need to remember is that insurance companies are experts in this field while you this may be the first time you have had a claim. Their job, is to save the insurance company money, plain and simple. Especially when you are dealing with the other person's insurance company after you have been injured. For example, in a car accident or if you fell on someone else's property.

WHAT YOU CAN DO

First, you can ask them to put in writing what their reason is for denying the claim. Under Pennsylvania insurance law (see for example Title 31 Pa. Code Section 145 and 146) the insurance company is required to provide what their basis is for their decision. They are supposed to respond to any letter or writing from you within 10 business days.

Second, you can consider providing them with additional documentation. You have to prove your claim with records. For example, medical records, wage loss records, receipts, photos. If so, you can send them a letter, fax or email requesting that they re-evaluate your claim.

If the insurance company insists on denying your claim, and you believe that you have a legitimate case, then you must consider filing a law suit. Often, insurance companies play a numbers game. Some companies that if deny claims on the belief that a certain percentage of people will simply give up and go away. Result: they save money. But, if you are one of us who won't just give up and go away that easily, then filing with the appropriate court is the next step. Filing a law suit can be a complicated process and one which you most likely will need an experienced lawyer. You must also correctly file the suit papers and serve the correct responsible parties. Often, cases are still settled after suit is filed with the case going to a trial. To get the case resolved, however, you must take the correct steps toward trial, such as requesting documents, serving "interrogatory" questions on the other party(ies), taking depositions and obtaining expert reports.

If you would like more information, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
PAinjurycase.com
(610) 792-3304
deschreiber@thomaswolpert.com

Can a homeowner who hosts a party be liable in Pennsylvania for a car accident?

In Pennsylvania, it depends on whether the person drinking was an adult or a minor. the general rule is that there is no "social host liability". This means that if you have a social gathering or party at your house where alcohol is served, you do not have legal liability if one of the guests leaves and injures himself or someone else driving drunk. The exception is that if you knowingly serve minors alcohol or knowingly allow minors to drink alcohol at your house, and then one leaves and injures himself or someone else in a car accident, you can be held responsible.

The bottom line is that you are not legally responsible for accidents or injuries that happen off of your property as a result of an adult drinking alcohol at your house. Understandably, Pennsylvania law will hold a knowing homeowner responsible when an injury or accident off of your property happens as a result of a minor drinking alcohol at your house.

In Pennsylvania, the Dram Shop Act holds businesses which possess a liquor license responsible for serving a visibly intoxicated patron who then causes an accident off the premises.

David Schreiber
(610) 792-3304
www.PAinjurycase.com
Of Counsel
Law Offices of Thomas Wolpert, PC