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Pittsburgh Premises Liability Law Blog

Materials that contain asbestos

It is no secret that asbestos is dangerous. However, many of us safely live around products with asbestos in them. It is when we decide to remove those products from our homes and other buildings that problems can arise. Construction workers are particularly susceptible to asbestos injury.

The Consumer Products Safety Commission and the Environmental Agency bans many asbestos products, but it is still present in older products, such as:

  • Tile, vinyl floors
  • Chalkboards
  • Cement pipes, wallboard and siding
  • Textured paints and coatings
  • Fire blankets and curtains
  • Roofing shingles and felt
  • Spray-applied insulation
  • Caulking and putties
  • Pipe insulation

This is not an exhaustive list. Exposure can occur when someone disturbs these and other products containing asbestos. Asbestos dust can be released into the air when someone sands, cuts or otherwise disturbs a product containing asbestos.

Are you at risk for an asbestos-related illness?

Everyone is exposed to asbestos at some point. There is no safe level of asbestos exposure; however, low-level exposure to asbestos rarely leads to serious illness. Most people who develop mesothelioma, lung cancer and other asbestos illnesses are exposed to asbestos on a regular basis, usually while working on a job involving the material.

Workers affected by asbestos include those in construction, manufacturing, insulation, mining, brake repair, firefighting, shipbuilding and other trades. Their family members also are at a higher risk of exposure since workers can bring asbestos dust home on their clothing.

Is your landowner liable for your apartment fire?

More than 13,000 people are injured and more than 2,500 people die in residential fires every year. While most of those injuries occur in single-unit homes, what happens when someone is injured or killed in an apartment fire? When is the landowner liable?

Landowners may be liable if:

  • They did not provide working fire alarms / smoke detectors: Landowners must provide working smoke detectors in every unit they rent. If failure to provide a working fire alarm contributes to a resident's injury from a fire, that resident may be able to hold the landowner liable.
  • Their negligence contributed to the fire: If a landowner's actions or inactions contributed to the cause of the fire, he or she can be held liable. For example, did the landowner provide inadequate security, which enabled an arsonist to start a fire? Did the landowner fail to notice that the property was poorly wired?

Premises liability for outdoor hazards in the spring/summer

Winter is not the only time that property owners need to make sure their sidewalks are clear from danger. Property owners can also be liable for injuries caused by bumps on their sidewalks or holes in their lawns. In fact, there are numerous hazards in the spring and summer that can cause injury and lead to a Pennsylvania premises liability lawsuit, including:

  • Improperly maintained balconies and decks
  • Loose railings and boards
  • Slippery surfaces (such as wet decks and grass cuttings on sidewalks)
  • Swimming pools
  • Holes in the lawn
  • Uneven ground
  • Cracked pavement
  • Home repair debris
  • Dangerous stairways
  • Unwound garden hoses
  • Garden and work tools
  • Decorative lawn items

Premises liability for outdoor hazards in the spring/summer

Winter is not the only time that property owners need to make sure their sidewalks are clear from danger. Property owners can also be liable for injuries caused by bumps on their sidewalks or holes in their lawns. In fact, there are numerous hazards in the spring and summer that can cause injury and lead to a Pennsylvania premises liability lawsuit, including:

  • Improperly maintained balconies and decks
  • Loose railings and boards
  • Slippery surfaces (such as wet decks and grass cuttings on sidewalks)
  • Swimming pools
  • Holes in the lawn
  • Uneven ground
  • Cracked pavement
  • Home repair debris
  • Dangerous stairways
  • Unwound garden hoses
  • Garden and work tools
  • Decorative lawn items

Negligent security: When property owners are liable for assault

Were you assaulted on someone else's (or a company's) property? Was there a problem on that property that contributed to your injuries? Depending on the facts of your case, you may be able to hold the property owner accountable for your injuries.

While the government holds the assailant criminally responsible for what he or she did to you, a personal injury lawyer can help you bring a Pennsylvania premises liability lawsuit against the property owner.

Swimming pool accidents and homeowner liability

Each year, nearly 2,600 children are brought to hospital emergency rooms for swimming pool accidents. Approximately ten people (children and adults) die each day from drowning. Two of these are children under 15 years of age. Drowning, in fact, is the second leading cause of accidental death for children under 15 years.

While 65 percent of adult drowning happens in "natural water settings" (such as lakes), the majority of Pennsylvania drowning accidents involving young children happen in residential swimming pools. Many of these deaths, if not most of them, are preventable, caused by failure to supervise children, failure to erect fences around pools, improper warnings and other negligence.

Pennsylvania slip and falls: Did you slip at work?

Last week, we discussed slip and falls that happen in nursing homes. This blog post will discuss what happens when someone is injured in a slip-and-fall accident at work.

Generally, Pennsylvania workers' compensation covers accidents that happen at work. You are eligible for workers' compensation if you can show that you were employed at the time of your injury, that your injury occurred while you were working and that your injury was related to your employment.

Attorney John McTiernan inducted into The College of Workers' Compensation Lawyers

This month, Attorney John McTiernan was inducted into the 2012 class of The College of Workers' Compensation Lawyers. Established to honor those attorneys who have distinguished themselves in their practice in the field of workers' compensation, The College of Workers' Compensation welcomed 43 new fellows from across the United States.

The new members have been nominated for the outstanding traits they have developed in their practice of twenty years, or longer, representing plaintiffs, defendants, serving as judges, or acting for the benefit of all in education, overseeing agencies and developing legislation. They have a commitment to fostering and furthering the objectives of the College and have shown significant evidence of scholarship, teaching, lecturing, and/or distinguished published writings on Workers' Compensation or related fields of law.

Please click here for more information on The College of Workers' Compensation Lawyers.

When Nursing Home Neglect Causes Slip and Falls

Nursing homes are tasked with keeping our most vulnerable citizens safe. This means doing everything in their power to prevent nursing home abuse or neglect.

Sometimes, they don't do enough. For example, many residents are injured every day from slip and falls or trip and falls at their nursing homes.

Falls are the second cause of accidental death for individuals between 65 and 84 years of age and the leading cause for those 85 and older. Not only do falls occur more frequently to the elderly population, but older individuals are also more vulnerable to serious injuries from falls, including broken bones, hip injuries, brain injuries, spinal cord injuries and even death. According to the Centers for Disease Control (CDC), nearly 16,000 elderly individuals die each year as a result of falls and many more are seriously injured.

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