Pennsylvania Law Monitor
Pennsylvania Law Monitor Blog
Are Homeowners Responsible for Sidewalk Condition During Transition?
Posted in Pennsylvania Law Monitor
During the transition process from declarant to homeowner control of an association, one common area of dispute is the condition of the sidewalks. The new sidewalk surfaces may be scaling, cracking, spalling, discolored, holding water, or otherwise falling apart. The association attributes the condition of the sidewalks to defective construction… Continue reading
Deadly Dozen Activities and Hazards
Posted in Pennsylvania Law Monitor
The primary cause of fatalities and serious injury on the jobsite can be narrowed down to twelve hazardous conditions. The Ironworkers union refers to these as the Deadly Dozen Hazards and has committed to a long term educational campaign to help workers spot and correct hazards before they become deadly…. Continue reading
Trampoline Park Injuries
Posted in Pennsylvania Law Monitor
In the Commonwealth of Pennsylvania and in the State of New Jersey the explosion of trampoline park openings continues. These facilities insist that lengthy Releases/Waivers of Liability are executed which purportedly bar any claims arising out of injury that may occur based on ordinary negligence of the facility or its… Continue reading
Ironworkers ZERO Fatality-Incident Campaign
Posted in Pennsylvania Law Monitor
During the past year the Ironworkers ZERO Fatality-Incident Campaign commissioned by General President Eric Dean, and the IMPACT board of trustees, concentrated on training and communication measures to the improve safety for ironworkers while on the job. The overarching goal of the campaign is to improve safety skills and knowledge.
Landlords Risk Exposure to Double Damages in Suits by Tenants
Posted in Pennsylvania Law Monitor
In Pennsylvania, residential and commercial lease agreements are governed not only by the terms of the lease itself, but also by the Landlord and Tenant Act of 1951, 68 P.S. §§ 250.101, et. seq. When a lease term ends, the landlord is required to provide a tenant with a list… Continue reading
The Ongoing Saga of Preliminary Objections to Complaints on the Basis of Unidentified Agents, Servants, Employees, Physicians, etc.
Posted in Pennsylvania Law Monitor
For those of us who practice in the world of medical negligence, it is almost routine to receive Preliminary Objections from the defense moving to strike all allegations that contain references to unidentified agents, servants, employees, attending physicians, nursing staff, and other support staff. Despite what seems to be clarity… Continue reading
Commonwealth Court Upholds Philadelphia’s Definition of a Family for Zoning Purposes
Posted in Pennsylvania Law Monitor
A recent Commonwealth Court case involving a pair of residential properties has aptly demonstrated that not every residential property in Philadelphia can be automatically utilized for student housing. This case in question is Schwartz v. Philadelphia Zoning Board of Adjustment, 2015 Pa Commw. Lexis 413 (2015). In Schwartz, two properties… Continue reading
Corporate Negligence in Medical Malpractice
Posted in Pennsylvania Law Monitor
In 1991, corporate negligence was recognized as a cause of action by the Pennsylvania Supreme Court in the case of Thompson v. Nason Hospital. Corporate negligence is a doctrine under which a hospital is liable if it fails to uphold the proper standard of care owed a patient. This “standard… Continue reading
Philadelphia Trial Court Rules Family Practitioner Cannot Testify
Posted in Pennsylvania Law Monitor
The Honorable Karen Shreeves-Johns of the Court of Common Pleas of Philadelphia recently ruled that a primary care physician cannot be qualified to testify as an expert on laser spine surgery. The case involved a motor vehicle accident in which the plaintiffs sought to have a Family Practitioner testify with… Continue reading
Gross Negligence for Georgia ER Negligence Cases
Posted in Pennsylvania Law Monitor, Personal Injury
In Georgia, by statute, a plaintiff must prove gross negligence, rather than just ordinary negligence, in order to prevail in a medical malpractice case alleging negligence in a hospital Emergency Room. Gross negligence is a higher standard than ordinary medical negligence, making it more difficult for a plaintiff to establish… Continue reading
