The Occupational Safety and Health Administration (OSHA) is marking half a century of workplace safety oversight, despite having fewer enforcement resources than in its 50-year history, according to a recent report. OSHA was created in 1970 with a law signed into effect by President Richard Nixon with a mission to protect workers from hazards on […]
A Pennsylvania appeals court ruled a federal law unconstitutional this fall, paving the way for gun manufacturers to be held accountable in Pennsylvania for gun injuries if their weapon is used in a crime, reported an article in Bloomberg Law. At issue is the Protection of Lawful Commerce in Arms Act (PLCAA), which shields gunmakers […]
When someone’s negligence has caused you injury, the best outcome, of course, is to receive fair compensation for your losses. But what factors should you consider to avoid a less-than-fair settlement, or denial of the claim entirely? A recent article in the South Florida Reporter shares some actions that can help your case. Document the […]
In Pennsylvania, the law limits when you can sue the state or a municipality, including the City of Philadelphia. The concept of “sovereign immunity” provides a defense for both the state, or Commonwealth of Pennsylvania, and municipal governments, unless a statutory exception applies. The exceptions to the state’s immunity are detailed at 42 Pa.C.S. § […]
When prison officials assault or abuse inmates, the inmates may sue those officials and the municipality that runs the prison. A plaintiff inmate can hold the corrections officers directly responsible for the assault or abuse through theories of assault and battery or negligence. The inmate may also hold the municipality directly responsible through a claim […]
If you’ve been injured in a club, bar or restaurant, you may be able to seek compensation from the business for your losses, bills and pain and suffering. There are different theories of liability and different elements that you need to prove depending on the circumstances of how you were injured. If you were injured […]
One of the determinations to be made before filing a lawsuit is where can each of the parties be sued so as to determine where a lawsuit is best filed. Recently, the Eastern District of Pennsylvania held that general jurisdiction by consent my be established where a defendant’s only contact with Pennsylvania is the defendant’s […]
Whether it be in the employer-employee setting or in the permissive user/family member situation, persons driving cars are often not the actual, listed owner. In those circumstances, after an accident, it is possible to sue the owner and assert a claim for negligent entrustment and sue the driver and assert a claim for negligence. Pennsylvania […]
The Pennsylvania Supreme Court has made it easier for individuals to sue over injuries caused by government vehicles. Generally, the state has immunity from personal injury lawsuits. One exception is if someone is hurt by a government agency vehicle when it’s “in operation.” Last month, the Supreme Court broadened the meaning of “in operation.” Past […]
Recently, a federal appeals court rejected the appeal of a woman who said the trial court was wrong to bar her expert witness from testifying. She filed the appeal after a jury sided with the retail giant she had sued after slipping on a puddle of water in one of its stores. The appeals court […]
