The Legal Talks Values and Hot-Button Issues with Tom Anapol, PA Assoc. for Justice President

Posted by Anapol Weiss on Sep 7, 2016 3:07:39 PM

The Legal Intelligencer interviewed newly elected president of the Pennsylvania Association for Justice,
Screen_Shot_2016-09-07_at_2.04.00_PM.pngTom Anapol
of Anapol Weiss, who shared his perspective on the organization’s mission as a voice for victims and employees to the broader legal community.

Mr. Anapol spoke with the Legal Intelligencer regarding the importance of strengthening membership through the promotion of diversity. He also reiterated the association’s core values of championing the rights of individuals and workers, and shared his perspective on forthcoming legislative issues that may bolster or undermine existing protections. Mr. Anapol also cited the importance of assuring continuity of victim and worker rights as technologies evolve, particularly in the case of autonomous vehicles.

Topics: Anapol Weiss, Medical Malpractice, Medical Negligence, Product Liability, Personal Injury, Auto Defects

5 Steps After a Slip & Fall That Will Help Your Personal Injury Claim

Posted by Anapol Weiss on Jun 6, 2016 3:30:00 PM

Unkempt hazards on residential or commercial premises put guests in danger of falling. While it may seem as if bodily harm from a slip, trip or fall would most often involve superficial injuries, some victims have suffered catastrophic consequences. In fact, one in five falls causes serious harm, and more than 700,000 patients are hospitalized every year because of a fall injury.

A serious slip and fall incident is a jarring experience followed by a great deal of commotion. As shock and confusion set in, it’s easy to overlook important actions to protect victims both medically and legally. Below are five steps to take immediately after you or a loved one is injured in a fall.

Steps to take after a slip and fallSeek medical attention right away. Pain and injuries resulting from a fall can worsen over the coming days, so it’s important to begin receiving treatment immediately. Your medical records will also provide documentation of your injuries should you file a slip and fall lawsuit to seek justice and compensation.

Report the fall and injuries to the property owner. If the fall occurred in a commercial location, ask the manager to file a report of the accident and to provide you with a copy.

Take photos and video of the location of the incident as well as the specific conditions that led to the fall. In addition to capturing the setting, photograph your injuries resulting from the incident.

Collect the contact information of witnesses, who can help prove later that hazardous conditions led to your injuries.

Contact a qualified slip and fall lawyer to protect your legal rights. Each state limits the amount of time an injured person has to file a lawsuit, so speaking with a lawyer right away can ensure you do not miss an important deadline if you decide to file a personal injury lawsuit.

A complex situation arises when a slip and fall incident leads to death or serious injury. For decades, the slip and fall lawyers at Anapol Weiss have successfully represented injured victims and the families of those who died in premises liability lawsuits. Contact our firm to speak with a highly qualified slip and fall attorney if you or a family member was hurt. We can investigate your case and determine if you are eligible to file a suit.

Topics: Slip and Fall, Personal Injury, Premises Liability

Slip and Fall Lawsuits: Licensees, Invitees and Trespassers

Posted by Anapol Weiss on May 19, 2016 3:30:00 PM

Property owners and those occupying a property are expected to keep the premises reasonably safe to prevent a slip and fall injury or other accident. In addition to state-specific laws, an owner’s liability depends on whether the injured visitor was considered a licensee, invitee or trespasser.

Licensees

A licensee is a visitor who is permitted to be on the property for a specific purpose. Property owners/occupiers may be held liable for licensees’ injuries that occur as a result of the owner/occupier’s failure to exercise care to prevent injury on the property when the owner/occupier knew or had reason to know of a dangerous condition, and the licensee did not have reason to know of the dangerous condition. 

Invitees

An invitee is a visitor and  is typically either a public invitee or a business invitee.  Invitees include social guests and family members who do not live on the premises, as well as customers on commercial properties like retail stores and restaurants, who are invited  onto  the premises. Property owners/occupiers owe invitees the highest duty of care, and liability for injuries results if a dangerous condition on the property is known or should have been discovered by the owner/occupier, and he or she fails to keep the property safe from that condition. 

Trespassers

Property owners also owe a duty of care to trespassers, meaning persons who do not have expressed or implicit permission or the lawful right to be on the property, but only if  the owner/occupier  is aware or can reasonably anticipate a trespasser’s presence on the property, and only if the owner/occupier was  guilty of willful or wanton negligence or misconduct.  

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Contact Our Firm for Assistance

Contact Anapol Weiss to speak with a slip and fall attorney if you were injured as a result of a property owner’s failure in preventing hazards on the premises. Our slip and fall lawyers can investigate the situation and answer your legal questions.

Topics: Slip and Fall, Personal Injury

Slip and Fall Accident Statistics

Posted by Anapol Weiss on May 9, 2016 3:30:00 PM

Slip and fall accidents are much more common than most people realize. According to a report by the Centers for Disease Control and Prevention (CDC), millions of Americans fall every year and 700,000 of them are hospitalized with fall-related injuries. 

Slip and fall accidents are associated with a long list of serious health consequences. They are the most common cause of traumatic brain injury (TBI) and regularly result in hip fractures and other broken bones. In other cases, a fall can be deadly. The National Floor Safety Institute says half of all accidental deaths in the home are caused by a fall.

The below graphic illustrates the prevalence and seriousness of slip and fall injuries in the U.S.

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Falls are Preventable.

When a person is injured in a fall on poorly maintained property, those responsible must be held accountable for their negligence. If it happened to you or a family member, contact the slip and fall lawyers at Anapol Weiss for assistance. Our highly qualified legal team can investigate the situation and answer any legal questions you may have.

Topics: Slip and Fall, Personal Injury

The Benefits of Speaking with a Slip and Fall Attorney Right Away

Posted by Anapol Weiss on May 2, 2016 3:30:00 PM

A slip and fall injury is not to be taken lightly, especially those that happen on a poorly maintained premises. When property owners fail to do their due diligence in keeping the premises safe, they must be held accountable for preventable injuries that occur.

A fall can be deadly or cause permanent injuries. In fact, one in five falls causes a serious injury such as a head injury or broken bones, according to the Centers for Disease Control and Prevention (CDC). More than 700,000 patients a year are hospitalized for a fall-related injury – most commonly involving a head injury or hip fracture.

Slip and fall lawyers

What kind of recourse do victims have for injuries caused by unnecessary hazards? Depending on the details of the situation, slip and fall victims may be able to file a lawsuit to seek compensation and justice for their injuries. The first step is to select a qualified slip and fall lawyer.

Choosing a Slip and Fall Attorney

It’s important to hire a personal injury lawyer with success representing victims in premises liability cases, which hold property owners accountable for injuries resulting from their failure to maintain the area. Qualified slip and fall lawyers know how to identify and gather important facts about the victim’s fall, why it occurred, and the actions the property owner should have taken to prevent injury.

Why Victims Should Take Action Immediately

Each state limits the amount of time a person has to file a personal injury lawsuit. Victims who contact a slip and fall lawyer right away allow more time for investigation and therefore increase their chances of bringing a successful claim.

Further, building a strong case is critical to obtaining compensation, and evidence can disappear over time. A slip and fall attorney will begin investigating the situation immediately to ensure every detail is noted and pursued.

Contact Anapol Weiss for Assistance

For decades, the slip and fall attorneys at Anapol Weiss have successfully represented victims injured on unsafe premises. If it happened to you, we can help. Contact our firm for assistance.

 

Topics: Slip and Fall, Personal Injury

Can I File a Slip and Fall Lawsuit for Injuries on Stairs?

Posted by Anapol Weiss on Apr 27, 2016 11:30:00 AM

Stairs in any type of building, whether it’s commercial or residential, can present serious hazards if they are not well maintained. When a property owner fails to take care of these dangerous conditions and a person is injured, victims may be able to seek justice and compensation through slip and fall lawsuits.

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Stairway hazards may include:

  • Slippery surfaces, including worn carpeting or wood and overly polished surfaces
  • Wet or icy stairs outside
  • Missing, broken or improperly installed railings
  • Uneven stairs
  • Improper stair height or depth

When a person is injured and files a slip and fall lawsuit, he or she must prove that the property owner was negligent in caring for the property. While specific state laws vary, the person who was injured will generally have to prove:

  1. The defendant owned, occupied, or leased the property on which the stairs are located
  2. The defendant was negligent in the use of the property
  3. The plaintiff was injured on the property
  4. The defendant’s negligence was a substantial factor in those injuries

Property owners are responsible for keeping their premises reasonably safe for others. This may require regular inspection of the stairs, making necessary repairs, and proving adequate warnings of potential hazards before someone gets hurt.

Contact Anapol Weiss for Assistance

For decades, the slip and fall lawyers at Anapol Weiss have been successfully representing people who were seriously injured on poorly maintained and hazardous premises. If you or a family member suffered a slip and fall injury, we can help. Contact our firm for assistance.

 

Topics: Slip and Fall, Personal Injury

Establishing Liability in a Personal Injury Claim

Posted by Anapol Weiss on Mar 30, 2016 3:30:00 PM

establishing_liability.pngWhen someone is injured, liability often rests on determining who caused the injury and whether the responsible party acted negligently.  In order to successfully bring a negligence claim, the injured party must satisfy the following elements: duty, breach, causation, and damages. 

Duty Was Owed

The defendant must have owed a legal duty of care to the person who was injured – such as the duty to drive safely or to provide adequate medical care to a patient.

Duty Was Breached

The defendant must have breached their duty of care through their actions or inactions.

Causation

The defendant’s actions must have a direct link to the plaintiff’s injuries.

Damages

The plaintiff must incur actual damages, such as pain and suffering, lost wages, medical bills or other expenses, as a result of the incident.

Certain circumstances may affect the damages an injured person can recover. For example, if the injured party acted carelessly, compensation may be reduced by the extent of the role that the injured parties’ carelessness had in the incident. This is a legal defense known as comparative negligence.  Pennsylvania follows a 51 percent comparative negligence rule meaning that a plaintiff can recover damages so long as they were less than 51 percent at fault.  If the injured plaintiff is found to be more than 50 percent at fault, then they are unable to recover compensation for their injuries.   

A personal injury lawsuit is a complex legal matter that requires the attention of a skilled and experienced personal injury law firm. Contact Anapol Weiss if you or a loved one was injured as a result of someone else’s negligence. Our firm has been successfully advocating for victims for decades, and we can help.

 

Topics: Personal Injury

Slip and Fall Accidents: When are Homeowners Responsible?

Posted by Anapol Weiss on Mar 23, 2016 3:30:00 PM

Homeowners have a responsibility to maintain their property and keep their visitors safe – that means taking appropriate precautions and fixing issues on the property that could be hazardous.

slip_and_fall_at_home.pngHazards in the home can result from:

  • Uneven or broken pavement and steps
  • Broken hand railings
  • Inadequate lighting
  • Cords, equipment and other items in footpaths
  • Failure to remove snow and/or ice from driveways and walkways in the winter

Someone who is injured may be able to hold the homeowner and his or her insurance responsible for resulting medical bills and other damages. Those who may be eligible to file a premises liability claim include injured family members, guests and “invitees” such as contractors, postal workers and others. Surprisingly, solicitors and other trespassers who enter a property without the owner’s expressed consent may also be able to hold homeowners accountable if they are injured in a fall on the property.

Contact Our Firm for Assistance

It may be difficult for victims to decide to file a claim for a slip and fall injury, especially if they know the homeowner. However, bills and expenses can pile up, especially if the injury has forced a person to take time off of work to recover. Filing a claim can help victims and their families obtain compensation for medical bills, lost wages and other damages related to the injuries.

Contact Anapol Weiss if you or a loved one suffered a slip and fall injury on another person’s property. These lawsuits are complex legal matters that require the skill and knowledge of an experienced legal team. We can help.

Topics: Slip and Fall, Personal Injury

Preventing Home Fires and Burn Injuries

Posted by Anapol Weiss on Mar 22, 2016 3:29:36 PM

More than 2,500 people die and 12,600 are injured in home fires in the U.S. each year. Likewise, home fires result in an estimated $7.3 billion in direct property loss annually, according to the Ready campaign created by The Department of Homeland Security and The Federal Emergency Management Agency.

A residence can be engulfed in flames in just a few minutes and become life threatening to everyone inside. Families can protect themselves by understanding the urgency of a fire and how to be prepared, should one occur in the home.

preventing_home_fires.pngEscape Plans

Having a plan ahead of time helps people to quickly escape from the building. Every room should have two ways outside in case the primary way is ever blocked by fire or smoke. A secondary route could be a window with a collapsible ladder or access to the roof. Further, all windows, screens and security bars should open easily from the inside. Family members should be able to feel their way out of the house in the dark, and parents should teach children not to hide from firefighters.

Smoke Alarms

A properly installed and maintained smoke alarm can alert people to a fire at all hours of the day. Both ionization and photoelectric smoke alarms or dual sensor smoke alarms should be installed in every level of the home, and the batteries should be tested monthly.

When a Defective Product Causes a Fire

Federal regulations have been established to protect people from being burned by electronic items and flammable clothing, bedding and other household products. Despite these regulations, defective and dangerous products continue to be sold. If one of these items ignites unexpectedly in the home, a deadly fire can quickly spread. Tragically, these fires are 100 percent preventable, as are the devastating deaths and injuries that result.

Contact our firm for assistance if you or a loved one was injured in a household fire. Our highly skilled attorneys can investigate your situation and determine if a defective product may be to blame.

 

Topics: Product Liability, Personal Injury, Burn Injuries, Fire Injuries

Types of Compensation in a Personal Injury Lawsuit

Posted by Anapol Weiss on Mar 21, 2016 11:35:00 AM
Individuals who suffer bodily injury due to the negligence or carelessness of another may be able to file a personal injury claim to seek compensation for their losses, known legally as “damages”.

The type of damages available in a personal injury case varies depending on state law, the specific type of case and the circumstances surrounding the injury.  Generally, however, there are two types of damages awarded directly to the injured party (known as the plaintiff) in a personal injury lawsuit: compensatory and punitive.

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Compensatory damages:  The goal of compensatory damages is to make a plaintiff “whole” by compensating them for the injuries suffered.  These damages may include:

  • Past and future medical bills related to the injuries
  • Lost wages and loss of earning capacity
  • Emotional distress resulting from the incident
  • Loss of enjoyment in daily activities
  • Loss of services to a plaintiff’s spouse or family
  • Pain and suffering     

Families of victims who have passed away may seek wrongful death damages for their loved ones’ funeral and burial expenses, medical bills before their death, loss of financial contribution and more.

Punitive Damages: While compensatory damages are awarded to make plaintiffs “whole” again, punitive damages are intended to punish the wrongdoer for particularly outrageous or reckless behavior and deter them from committing similar acts in the future.  Punitive damages are much rarer than compensatory damages, and many states have set a cap on the amount that can be awarded to victims. 

Contact Anapol Weiss for assistance if you or a loved one was injured as a result of someone else’s negligence. Our personal injury attorneys can investigate your situation and work to provide you with compensation for your losses.  And for additional information about hiring a personal injury law firm, click on the button below to read our tips on important questions to ask before choosing legal representation.

 

Topics: Personal Injury

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