Law Blog

Is Walmart Blaming Tracy Morgan for his own Injuries?

In its Answer to the  Complaint filed by Tracy Morgan and others, Walmart has adopted a strategy that many lay observes have characterized as victim blaming. In its Answer as an affirmative defense Walmart’s lawyers wrote: Upon information and belief, plaintiffs’ injuries, if any, were caused, in whole or in part, by plaintiffs’ failure to…

Allegedly defective guardrails poised to become largest safety recall in U.S. history?

First reported on on Friday September 19th and then in a follow-up report from September 24, ABC News identified a number of lawsuits that allege a dangerous safety defect in the metal guardrails used along many, if not most, highways and freeways throughout the United States. Citing the scope of deployment nationwide of these guardrails…

What Federal Safety Regulations Apply to Passenger-Carrying Motor Carriers?

Federal Motor Carrier Safety Administration (FMCSA) has opened an investigation into a recent bus crash in nearby Delaware. The private bus, operated by Am United Express, was carrying 49 tourists back to New York City when it overturned on a highway exit ramp and slid down a grass embankment. The accident produced 2 fatalities and…

Pennsylvania Supreme Court yet to weigh-in on state’s strict liability schism

In March of 2013 the Pennsylvania Supreme Court granted allocator of  an appeal on the issue of, “Whether this Court should replace the strict liability analysis of Section 402A of the Second Restatement with the analysis of the Third Restatement.” Furthermore, the parties are directed to address whether any proposed change should be applied retroactively…

What Impact is Pennsylvania’s Fair Share Act Having on Personal Injury Suits?

The Fair Share Act, now codified within 42 Pa.C.S.A. § 7102, was signed into law by Governor Corbett as Senate Bill 1131. The Act amended Pennsylvania’s comparative negligence framework which is utilized to apportion damage in a broad array of litigated matters including personal injury matters. The Act’s purpose and intention was to modify Pennsylvania’s…

What is the difference between a Wrongful Death and a Survival Action in Pennsylvania?

It is well-settled law in Pennsylvania that the victim of a tort must be compensated for harm all that they suffer from the tort of another. Boggavarapu v. Ponist, 518 Pa. 162, 167 (1988). However, many people are surprised to discover the Pennsylvania law recognizes not one, but two types of actions that can be…

Understanding Pennsylvania’s Personal Injury Statute of Limitations and its Fraudulent Concealment Exception

Understanding Pennsylvania’s Personal Injury Statute of Limitations and its Fraudulent Concealment Exception Many people are aware that that if they fail to bring an action for catastrophic injuries they suffer within a certain amount of time, they are likely to lose their right to recovery. However, people are often unsure of the more nuanced details…

GM Ignition Switch Recall Failures has Senators Scrambling to Fix NHTSA

Since its first announcement, the GM ignition switch defect has expanded time and time again with new recall notices being issues being issued throughout the spring and summer months. While the initial recall involved approximate 800,000 vehicles, the scale of the recall has exploded with approximately 12.9 million recalled vehicles worldwide thus far. Of those 12.8…

Is a Business Exposed by an Insurance Liability Policy that Doesn’t Cover What a Business Owner Thinks it Does?

Many small businesses purchase general liability insurance with the idea that this insurance will cover all types of liability the business can encounter. While taking out one or more policies for general liability is certainly prudent, a failure to fully understand the terms and limitations of your policy is not. Before agreeing to any insurance…

Gregory v. Cott Alzheimer’s Patient-Liability Case Shows Your Legal Responsibility is Rarely Clear-cut

A recent California Supreme Court case analyzed whether, under California law, an Alzheimer’s patient could be held liable for injuries they caused to a caregiver. In the past, a number of courts imposed liability on adults with mental deficiencies even if they were unable to appreciate that the conduct was wrongful. However, changes in public…

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