What Are Premises Liability Claims?

America’s #1 accident lawyers explain how you can win your premises liability lawsuit

Accidents often happen when we least expect them. They often occur in the places that feel the most comfortable and mundane. People suffer injuries at the grocery store or a close friend’s home. As the National Floor Safety Institute (NFSI) reports, the leading cause of emergency room visits in the United States is slip and fall accidents. In fact, 8 million Americans (21.3%) seek emergency treatment for a fall each year. As such, the most common accidents are slip and fall accidents. However, they are not the only accidents that occur outside of the home. Accident victims who suffer injuries at a business or property may be able to file premises liability claims to recover their losses.

Premises liability law can be tricky. As such, the nation’s best personal injury lawyers from Munley Law Personal Injury Attorneys are here to help. […]

It’s almost the 4th of July! Do you know PA’s new fireworks law?

The first July 4th holiday since PA’s new fireworks law was signed

With the Fourth of July holiday almost here, it’s important for the people of Northeastern Pennsylvania to understand our state’s new fireworks law.  As of October 2017, the fireworks laws in Pennsylvania have changed.  The new law allows PA residents to purchase consumer-grade fireworks, including firecrackers, Roman Candles, bottle rockets, and similar fireworks that contain a maximum of 50 milligrams of explosive material.

Display-grade fireworks – large fireworks designed to produce visible or audible effects for entertainment purposes by combustion, or detonation – remain limited to operators with a permit.  Display fireworks are what you would see at a firework show, and they are set off by a firework technician.

Under the old law, only out-of-state residents could legally purchase The previous law (The Fireworks Act of 1939) limited residents to only novelty fireworks, […]

Pennsylvania Among the U.S. States with the Most Dog Bites

Dog Bite Prevention Week

April 9-15 is Dog Bite Prevention Week. The American Humane Association, the U.S. Postal Service, and other groups observe this week each year in an effort to help reduce the number of dog bites nationwide.

This year, multiple reports have come out indicating that dog bites increased in 2016. According to the USPS, More than 6,700 postal workers suffered a dog bite last year. That’s 200 more than in 2015. Some researchers connect this increase with the growing popularity of online shopping and home delivery services.

The Insurance Information Institute and State Farm also report that dog bites increased by as much as 18% overall last year. Note that this number may other types of include dog-related incidents – not just bites.

Which states experience the most dog bites? Pennsylvania ranks #4 in the country, […]

Dog Bite Prevention Myths Debunked

When it comes to dog bites, can you separate fact from fiction?

At Munley Law Personal Injury Attorneys, we love our dogs. But, we’re also very familiar with how devastating a dog bite can be. Many of these bites are preventable. Knowing the signs and brushing up on some dog-safety tips can help you or your child avoid an attack. That means sorting out fact from fiction, and dispelling common myths and misinformation.

Dog Bite Prevention Myths vs. Facts

1. You can tell whether a dog will be friendly or aggressive based on the breed: FALSE.  While some types of dogs account for more bites than others, any dog can bite, so you shouldn’t assume a dog is friendly based on breed.
2. Most dog bites happen with strange or stray dogs: FALSE. You’re most likely to be bitten by a dog at the home of a friend or family member. […]

5 Tips to Stay Safe at the Water Park

Are you planning a trip to a water park this summer?

Water parks are a popular destination for people looking to cool down in the summer heat, especially in landlocked states like Pennsylvania.There are numerous water parks in our area, including Great Wolf Lodge Pocono Mountains, Montage Mountain, Dorney Park and Wildwater Kingdom, Knoebels Crystal Pool, Kalahari Resort, CamelBeach Mountain Waterpark, Aquatopia, and more.

Last week, an 8-year-old boy died after he was found unresponsive in the water at Knoebels Crystal Pool. Investigators say the cause of death is still inconclusive, but this tragedy serves as a reminder that drowning can occur even in shallow water in a controlled environment.

Possible water park hazards include dehydration, too much sun, chlorine poisoning, slip and falls, and drowning. We’ve got 5 easy tips to help keep you and your family safe during your next water park visit. […]

The Most Dangerous Summer Attraction: Facts on Water Park Accidents

True or False:

1. High-speed roller coasters are more dangerous than water slides.
2. Children are more likely to be hurt in a Go-Kart than a water slide.
3. Water rides account for 20% of amusement park and carnival injuries.

Believe it or not, all of those statements are false.

In fact, according to a study by the New Jersey Division of Community Affairs, water park rides comprised 40% of the injuries sustained at amusement parks and carnivals in NJ over a five year period. Water slide injuries were more than twice as common as Go-Kart, roller coaster, and water rapids rides.

“Unlike rollercoasters, where people are tightly strapped in, water rides are largely unrestrained,” according to Tammori Petty, a spokesperson for the state Department of Community Affairs. “Water flow is still not an exact science and unpredictable things can happen.”

Now, […]

It’s Parks and Recreation Month! Follow These Tips to Avoid a Park Injury

July is National Parks and Recreation Month, according to the National Recreation and Park Association.

Parks can be wonderful for both physical and mental well-being. In addition to providing space for recreation and exercise, spending time outside in nature is good for one’s psychological health, according to a study recently published in the New York Times. But, parks and playgrounds can also be the scenes of serious falls or injuries. Take a look at these safety tips and reminders to help make sure that your next trip to the park goes smoothly.

Falls

Every year more than 200,000 injuries occur on playgrounds or in parks, and falls are the most common type of playground or park injury. Playground falls can result in sprains, broken bones, or traumatic head injuries like a concussion. Proper supervision can help reduce the risk for falls. […]

Dog bite prevention: What everyone should know

A dog bite can turn a trip to the park into a trip to the emergency room. It can leave both physical and psychological scars.

As the weather warms up, people spend more time outdoors, especially with their pets. That means that dogs and people, particularly young children, come into contact with each other more frequently. What many people don’t think about is the possibility of a dog bite situation.

In fact, over 4 million dog bites occur each year. And while it might not sound like a serious concern, dog bites or dog attacks can be traumatizing and can result in extremely serious injuries or disfigurement. Children are more likely to be bitten by a dog than any other age group.

Fortunately, there are some ways that dog owners, parents, and everyone else can help prevent a dog bite from happening. […]

Carbon monoxide is the #1 cause of accidental poisoning

New PA law requires landlords to install carbon monoxide alarms in all units

You would not move into a house or apartment that did not have a smoke detector – but what about a carbon monoxide detector?  Unlike smoke, carbon monoxide is odorless, colorless, and often goes undetected until it is too late.

A new law in Pennsylvania, the Carbon Monoxide Alarm Standards Act,   requires landlords to have carbon monoxide alarms installed in all of their units by June, 2015.  Pennsylvania is reportedly among the states with the most accidental carbon monoxide poisonings in the country. Whether law requires it or not, it is best practice for all homeowners and renters to have carbon monoxide detectors installed. They are generally inexpensive and it is the only means of detecting an otherwise undetectable substance that could cause serious harm or death. […]

Watch your step! Lawyers warn, it’s slip and fall season

It’s slick out there today. Winter in our home region of Northeast Pennsylvania means the roads, parking lots, and sidewalks are likely to be slippery this time of year.
Slip and fall injuries are more common than you might think – according to the National Floor Safety Institute,  8 million people end up in the emergency room each year as the result of a fall. Slip and fall incidents are also the leading cause of workers’ compensation claims and lost days from work.

The results of a slip and fall can be very serious. Injuries can range from sprains and bruises to broken bones, back, neck, spine, or brain injuries.

Elderly people are even more at risk for falls. The New York Times recently published a fascinating two-part series titled, “After the Fall,” illustrating the risks faced by America’s aging population, and how a fall can be a life-altering event. […]

Amusement park accidents occur every day causing personal injury and even death

Roller coasters and other amusement park rides are traditionally associated with summertime family fun. Each year, the nation’s 400 amusement parks have 300 million visitors, according to the International Association of Amusement Parks and Attractions (IAAPA). Although injury and death from amusement park rides are rare, thousands of injuries do occur each year, and there are also many deaths.

Just this month, CNN reported that four people were injured on the Ninja roller coaster ride at Six Flags Magic Mountain in Los Angeles. The front part of the roller coaster detached from the track and dangled at a 45-degree angle, pointing to the ground. The derailment happened after a tree branch fell onto the track. The derailment is the latest in a series of roller coaster accidents in recent years.

A fatal roller coaster accident occurred in Spain’s Terra Mitica amusement park earlier this month when an 18-year old boy from Iceland riding the Inferno roller coaster died after his seat harness failed and he was thrown from the ride. […]

Your First Steps After a Slip and Fall

An unmarked area of spillage on a hotel lobby’s floor. An unmaintained stairwell that’s missing the proper railing. An untreated patch of ice on a train platform. These are all examples of potential safety hazards that could lead to a dangerous slip and fall for anyone in the vicinity.

According to the National Safety Council, “Falls are one of the leading causes of unintentional injuries in the United States.” Reportedly, falls account for 8.9 million visits to emergency rooms each year, as well as more than 25,000 fatalities — an occurrence that can increase with age. Falls can happen on the job, at a restaurant, at a grocery store, at a school, and even at a private residence.

Regardless of who you initially think may be at fault, there are certain action steps you should take to protect yourself and your legal rights if you ever find yourself in such a situation:

1. Keep calm and call for help. […]

Abington Heights Swimming Pool Closed For Chloramine Risk

Concerned parents present chloramine study to school board, cause temporary pool closure

Officials have closed a swimming pool at Abington Heights High School for possible air-quality dangers after children who swam there began suffering respiratory problems.

The move came one day after concerned parents voiced fears for their children’s safety to the Abington Heights School Board. At the meeting, parents presented a research paper by a national expert on the chloramines risk of indoor pools.

The high school facility was used for meets by the varsity swim team. It was also a practice facility for younger children.

School officials said they were closing the pool as a “precautionary measure.”

Following is from The Scranton Times-Tribune:

At the school board meeting on Wednesday, a number of parents shared stories of how their children had difficulty breathing after and throughout swim practice – some saying their kids had to stop halfway through to walk into the hallway and catch their breath. […]

Pennsylvania Dog Laws Are Being “Aggressively Enforced”

While Governor Tom Corbett focuses on protecting Pennsylvania residents, he also ensures that those residents who can’t take care of themselves are properly cared for – including animals.  Last week he announced the Dog Law Enforcement Office is aggressively enforcing the State’s dog laws to protect man’s best friend.

According to the press release, the Dog Law Enforcement Office is focused on “protecting the well-being of dogs and puppies across the state.”

“Pennsylvania has one of the toughest dog laws with the most aggressive protections for adult dogs and puppies in the nation,” said Michael Pechart, acting director of the office. And his office takes enforcement seriously.  Of the nearly 300 kennels that were once in operation in the state, just 51 remain.

The Enforcement Office is also working to increase enforcement of dangerous dog laws by citing owners who fail to register their dangerous dogs with the office, […]

NY Woman Awarded over $40 Million in Personal Injury Case Against Cybex International

A woman who previously worked as a physical therapist was allowed to keep nearly $45 million of the original $66 million awarded her in a case against Cybex International.  The woman was using a piece of fitness equipment at work that was not properly bolted down when it fell on top of her leaving her a quadriplegic.

According to Buffalo News.com, although a NY state appellate court reduced the award, the “appeals judges backed all of the rulings made in the case by State Supreme Court Justice.”   The article reports that the final award amount is believed to be the largest personal injury verdict in Western New York history.

Cybex appealed the initial award saying the company “was not negligent and is in no way responsible for the accident that is the basis of the suit.” However, the jury found Cybex 75 percent responsible, Amherst Orthopedic Physical Therapy, […]

Wrongful Death Suit Filed After Boy Dies in Go-Kart Accident

Claiming the Horn Rapids Kart Track was negligently designed, maintained and operated, the parents of a 12-year-old boy killed in a go-kart accident there in 2008 have filed a wrongful death suit against the city of Richland, Washington and Tri-City Kart Club which leases the kart track from the city.

The young boy’s kart slid off the track during a hairpin turn, crossed a grassy slope and crashed through a wire cable fence at a high rate of speed.  He died of injuries to his neck vertebrae and jugular vein.  The boy was an experienced go-kart driver who had won events in his class just weeks before the accident.

Also named in the lawsuit are the mechanics who worked on the go-kart’s brakes immediately before the race, race organizers and the International Kart Federation.

If you or someone you love have been hurt or killed at an unsafe or badly maintained facility, […]

South Carolina Mother Files Lawsuit Over Fire That Killed Her Son

SCnow.com reports a Lamar, South Carolina mother has filed a lawsuit against several parties, including her landlord and an electric company, over her 11-year-old’s death in a fire two years ago when the family lived in a manufactured home.

The lawsuit claims the home was “sloppily, recklessly and dangerously electrically wired and uninhabitable” as the suit cites several electrical wiring errors.  The lawsuit also claims gross negligence, negligent infliction of emotional distress and wrongful death.  Knowledge of the electrical problems and the “defendants’ failure to exercise reasonable care and comply with the law” led to the child’s untimely death.

A fire investigator has testified the fire was a result of faulty wiring in the home’s stove.

The lawsuit alleges the landlord was aware of the electrical hazards and of other recurrent electrical problems at the home, and Carolina Power and Light Company had been given notice and also knew of the problems. […]

Personal Injury Suit Filed In Dallas Cowboys Practice Facility Collapse

The Dallas Morning News reports a new lawsuit by a personal trainer has been filed against the Dallas Cowboys and other companies owned by Jerry Jones for negligence and conspiracy to hide design and construction flaws resulting in the collapse of the practice facility in 2009.  Summit Structures LLC and Cover-All Building Systems, Inc. – companies in charge of designing and building the structure – are also being sued.

Gabriel Hicks suffered injuries to his back, neck, and shoulder when the facility collapsed and a beam fell on him causing him continued pain and the need for rehabilitation for back issues.

A National Institute of Standards and Technology report concluded Summit’s engineering errors contributed to the 86-foot–tall Irving collapse during a thunderstorm.  The lawsuit claims that if reviews of the plans and calculations by outside engineers had been allowed by the Jones entities, the errors would have been found before the May 2, […]

Summer Time is Playground Safety Time

Well, it’s that time of year again- school’s are letting out and the lazy, hazy days of summer are finally in sight.

With time to waste, many kids are going to be hitting local playgrounds. While playgrounds offer kids a great opportunity to keep active and socialize, a poorly maintained playground could also be dangerous.

Before you unleash your kids at the local playground, make sure it lives up to your standard of safety. Just remember to play it S.A.F.E.!

S= Supervision

Supervision is a critical component to a child’s safety, especially at playgrounds. By keeping a watchful eye over what the kids are up to, parents or supervising adults can help prevent injuries.

In some cases, children are seriously injured at the playground, but have no adults with them at the time! The National Program for Playground Safety urges parents and adults to follow the ABCs of Supervision- Anticipate preventable problems and hazardous situations. […]