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Premises Liability

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, […]

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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, […]

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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, […]

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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. […]

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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 physical therapy 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, […]

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