Caroselli Beachler McTiernan & Conboy, L.L.C. Blog

Boy’s medical costs continue 5 years after Pennsylvania fall

Allegheny County residential and business property owners can be accountable for trip and fall injuries suffered by visitors. Premises liability laws permit victims to file for compensation due to property owner or operator and related third-party negligence. Insurance settlements and judgments cover short and long-term medical expenses and other damages, such as wage losses for disability.

Pennsylvania drivers owe one another a duty of care to operate a motor vehicle safely. The same principle applies to property ownership. Landowners and those responsible for maintaining it must take reasonable steps to safeguard visitors by inspecting and maintaining a property and, when necessary, making repairs or removing hazards.

Customer sues Pennsylvania Wal-Mart over carpet trip injuries

Safety hazard awareness is a pivotal element in some property injury claims. Allegheny County home and business owners can be held accountable for visitor injuries caused by known dangers, like an uneven pavement at the entrance to a store. Property owners sometimes try to deflect blame by claiming they didn't know about a dangerous condition.

A Pennsylvania man is arguing that Wal-Mart should have known an unsecured carpet in its Willow Grove store was dangerous. The man, a plaintiff in a Philadelphia premises liability lawsuit, tripped over a bunched carpet at the store last year. He fell and fractured five ribs.

Second-hand asbestos exposure victim sues spouse’s ex-employer

A person may suffer injuries from a toxic substance through indirect exposure. Asbestos fibers float through the air when the natural, but cancer-causing minerals, are disturbed. An Allegheny County worker can ingest or inhale fibers through products or equipment containing asbestos and inadvertently become a disease carrier.

The widow of a man who worked in various positions at a New England grinding wheel manufacturer is suing the company's current owner. The woman was diagnosed with asbestos-related diseases she claims were caused by Norton Co., now part of Saint-Gobain Abrasives, and several related defendants. The mesothelioma victim's husband once worked at Norton.

Pennsylvania theme park faulted for 2011 water slide accident

Just a few weeks ago, this blog featured a story about a lawsuit filed against a Pennsylvania amusement park. The woman filed a premises liability suit against Sesame Place after a sharp metal piece, securing a mattress to the bottom of a water slide pool, deeply cut the victim’s knee. The same theme park recently was ordered to compensate a patron hurt on another park slide.

A 25-year-old man was celebrating a summer holiday weekend at Sesame Place outside Philadelphia. The man rode the winding Bert & Ernie Slip and Slide while wearing aqua socks. The plaintiff’s legal claim against the park said no slide operators warned the patron to take off the socks before using the slide.

$25 million awarded in electrician asbestos exposure cases

The past can catch up with negligent parties. Allegheny County asbestos litigation often includes former employees who had no idea that they were working in hazardous environments. Life-threatening conditions remained dormant decades after workers were exposed to the cause of them -- asbestos.

A jury recently ruled in favor of two men who worked with and around Crane Company products containing asbestos. One man died of mesothelioma last year at age 74; the other man, now 72, was diagnosed with asbestosis in the late 1990s and mesothelioma in 2012. The men were electricians between the 1950s and the 1970s.

Food truck blows up in Pennsylvania, injuring 12

An explosion rocked North Philadelphia, Pennsylvania, when a food truck blew up in the street. The explosion happened out in Feltonville. Authorities said that the blast came at about 5:30 p.m., and they placed the location as the corner of Wyoming Avenue and Third Street.

The authorities are still not sure what caused the blast. However, they did report that 12 people were injured in the event. Police worked quickly to get the victims to care centers, taking three of them over to Temple University Hospital. It was said that they were injured with severe burns, some of which were of the second or even the third degree. Reports indicate that one was a girl who was 13 years old, one was a woman who may have been in her early 30s or even still in her 20s, and the other was a man whose age was placed right around 26.

Cause of May explosion in Pennsylvania neighborhood unknown

Allegheny County residents may think of accidents as unintentional events, but many accidents do not happen by chance. Evidence from the scene of an explosion or fire may show a tragedy did not have to happen at all. An individual or company can be liable for acting improperly or failing to act to prevent injuries or deaths.

Residents in the heart of Philadelphia were ordered to leave their homes in the middle of the night. Fire crews rushed to move neighbors to safety after detecting a disturbing concentration of carbon monoxide in the area. Authorities were contacted by a local resident whose CO detector was set off after he opened a window.

Pennsylvania woman blamed for choosing to walk in dangerous lot

Business owners in Allegheny County are obliged to take reasonable care to prevent visitors from getting hurt on their property. Premises liability laws take into consideration not all safety hazards can be removed or removed immediately. Property owners also have the duty to warn visitors about potentially dangerous conditions.

An assumed risk defense is being used in a negligence lawsuit against Luzerne County. The defendant claims the plaintiff knew the back parking lot at the county courthouse was filled with potholes but assumed risk by walking through the "obviously" hazardous area.

Pennsylvania theme park blamed for mother's water slide injury

Allegheny County families enjoy summertime thrills at Kennywood and Sandcastle Water Park, recommended by the Pennsylvania Visitors Network. Fun seekers aren't thinking about danger when they visit amusement parks and water parks. Guests depend on the park operators to make sure rides and water slides are safe.

A couple was celebrating the Fourth of July with their toddler at the Sesame Place theme park in 2012. The mother and her 2-year-old visited Splash Castle to take a ride on a kiddie-geared water slide. Mattresses in a pool provided cushioning for sliding patrons after they descended the slide.

Pennsylvania slip and fall claim alleges failure to warn

A landowner may not accept automatic responsibility for an injury someone suffers on his property. An Allegheny County property owner's liability depends on several factors including whether the landowner was aware of a hazard, steps taken to protect visitors and whether an injured party shared blame for getting hurt. Plaintiffs must show a defendant was negligent for premises liability claims to result in compensation for damages.

A Pennsylvania court determines whether a property owner used "reasonable" precautions to limit accidents. One question that may need answered is whether a hazard was obvious. However, age or infirmity can make what is obviously dangerous to most people not so apparent to others.