Readers of this blog know that the Pennsylvania Skier’s Responsibility Act relieves ski resorts of any legal duty to protect skiers from inherent risks of the sport. So, what happens when a first-time skier disembarks from the chairlift at the top of the slope, wants to chicken out, but is told by a lift attendant…
Drivers charged with DUI typically mount a defense challenging the validity of the police stop or field sobriety tests, to name a few options. Below is the story of a driver who made the unusual argument that he was entrapped by police into committing a DUI. Here’s how it worked out for him. Criminal Investigation…
If you are thinking about saving money by selecting the limited tort option when purchasing auto insurance in Pennsylvania, keep reading. The decision below from the Court of Common Pleas may cause you to change your mind. Concussion In Schmidt-Ramirez v. Burger, a mother was driving her car on Jan. 3, 2014, with her daughter…
Two years ago, we blogged about Pennsylvania’s “hills and ridges” doctrine, which essentially provides that a property owner has no duty to correct or take reasonable measures with regard to storm-created snowy or icy conditions until a reasonable time after the storm has ceased. But what happens when the ice and snow that causes a…
Last April, we blogged about an unfortunate accident where a shopper slipped and fell in a supermarket and then had video evidence destroyed by the store. On March 3, the Pennsylvania Supreme Court declined to hear an appeal in the case, but in doing so reinforced the obligations of businesses to preserve video evidence when…
Readers of this blog know that employees who are injured at work are generally limited to compensation available to them under Pennsylvania’s Workers’ Compensation Act and cannot separately sue their employers for personal injury. But what happens when the employee is a contractual employee through an employment agency? Does the employee have an actionable personal…
In the age of technology, most of us, at some point, have allowed our smartphones or other electronic devices to log onto another’s Wi-Fi network, sometimes even automatically. The Superior Court of Pennsylvania recently addressed the legal implications of doing so. Robbery at Gunpoint In Commonwealth v. Dunkins, two men wearing ski masks pretended to…
In 2017, we blogged about a former Philadelphia police officer who has been sitting in jail since Sept. 30, 2015, for refusing to comply with a court order to divulge passwords for two encrypted computer hard drives seized from his home under a search warrant. The hard drives are believed to contain child pornography. The…
A recent ruling by the Commonwealth Court of Pennsylvania demonstrates how a single decision made by an injured worker during the course of a workers’ compensation claim can have serious long-term consequences. Shoulder Injury In Tyson Shared Services v. Workers’ Compensation Appeal Board (Perez), a worker suffered a right shoulder rotator cuff tear on Dec….
What can possibly go wrong when you sign away your right to sue for personal injuries sustained from participation in a charity sports event? An awful lot, as one partially paralyzed bicyclist has learned. Last week, the Pennsylvania Supreme Court agreed to hear the case of Anthony Degliomini, who suffered extensive injuries when he struck…
Last winter, we blogged about the Pennsylvania Skier’s Responsibility Act, which relieves ski resorts of any legal duty to protect skiers from inherent risks of the sport. But with many of Pennsylvania’s winter resorts also offering snowtubing ― which requires nothing more than sitting in a tube without skill, training, or practice ― what happens…
A recent decision by the Superior Court of Pennsylvania shows that in trying to achieve justice for all (including the defendant), the law sometimes can be cruel. A Fall Down Steps In Jones v. Plumer, a tenant claimed that her landlord poorly maintained the front steps at her residence and that she fell down the…