Businesses Should Increase Security Measures on St. Patrick’s Day

Posted by Anapol Weiss on Mar 15, 2016 3:30:00 PM

shamrock.pngMore than 125 million Americans plan to celebrate St. Patrick’s Day this year, according to the National Retail Federation’s (NRF) annual St. Patrick’s Day Spending Survey. Total spending for the March 17 holiday is expected to reach $4.4 billion based on the U.S. population of people 18 years old and older. With a celebration of that caliber, there are likely more opportunities for preventable accidents, crimes and injuries – and more of a reason for establishments to increase security measures. By providing adequate security and avoiding over-serving alcohol to patrons, businesses are not only doing their part to keep the holiday safe – they could also be avoiding potential liability claims.

Negligent Security

Business owners have a legal duty to protect customers on their premises from unreasonable and foreseeable dangers including criminal attacks. If a parking lot or other area is the site of past violent crimes, for example, owners must take action to try to deter future crimes from occurring.

An injured person is able to bring a negligent security lawsuit based on the duty imposed on property owners to offer reasonable security measures and protect lawful visitors from foreseeable crimes of third parties. Negligent security assumes the crime could have been prevented or at least made less likely by taking appropriate security measures.

Dram Shop

Pennsylvania law provides that establishments that serve alcohol to a visibly intoxicated individual may be held financially responsible for injuries and damages that person causes. Individuals injured in an accident caused by an intoxicated person may be able to file a dram shop claim against businesses that served that person too much alcohol.

To mitigate the risks, businesses should provide employee instruction about enforcing policies to prevent over-serving alcohol to patrons.

Contact Our Firm for Assistance

Contact our lawyers today if you sustained injuries as a result of a business’ negligence in providing security and/or over-serving alcohol to customers. Our highly skilled attorneys have decades of success advocating for those who were harmed, and they can help you secure the compensation to which you may be entitled. This may include compensation for pain and suffering, financial loss, emotional distress and medical expenses.

 

Topics: Personal Injury Law, Negligent Security, Dram Shop

When Can Injured Workers Sue for Pain and Suffering?

Posted by Anapol Weiss on Mar 1, 2016 3:35:00 PM

Workers compensation laws protect people who have been injured in the workplace. These laws ensure injured employees are given specific benefits to which they are entitled, such as lost wages and medical expenses. This is a claim for benefits, not a lawsuit and does not provide any compensation for pain and suffering.

Workplace_Injuries.pngBelow are a few benefits injured employees may be able to seek through a workers compensation claim.

  • Medical care bills and related expenses for reasonable necessary treatment for the injury
  • Temporary disability payments if the injured employee must take time away from work due to medical reasons related to work related injuries
  • Permanent disability if an employee cannot completely recover from the effects of the injury and can no longer compete in the open labor market of uninjured workers
  • Death benefits paid to dependent survivors if a work-related death occurs

If you've been injured in the workplace, there are also certain situations in which you may be able to bring a lawsuit for your pain and suffering caused by your injuries. For example:

  • If you were injured by a defective product, you might be able to bring a products liability action against the manufacturer of the product
  • If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of that substance
  • If your injuries were caused by the negligence of a third party who is not your employer, you might be able to bring a lawsuit against that third party

It is important for injured workers to understand their rights to bring a case both within and outside of the workers compensation system. An experienced lawyer can assist injured workers and their families in the event of a work related accident. Contact our firm if you or a loved one was injured. We can investigate the situation and answer your legal questions.

 

Topics: Personal Injury Law, Personal Injury

What is a Negligent Security Lawsuit?

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

negligent_security.jpgOwners of property and businesses have a duty to protect their customers and tenants on their premises from unreasonable dangers including criminal acts. 

An injured person is able to bring a negligent security suit based on the duty imposed on landowners and possessors of property to offer reasonable security measures and protect lawful visitors from foreseeable crimes of third parties. Negligent security assumes that the crime could have been prevented or at least made less likely by using appropriate security measures.

Many crime victims may have a meritorious civil claim.  Landlords, apartment complexes, malls and other businesses have a legal duty to be vigilant and protect their customers and tenants from foreseeable criminal attacks. If an apartment complex or mall parking lot is the site of numerous violent crimes, the property owners or landlords have a duty to take measures to try and deter future crimes from occurring for the safety of their tenants and guests.

For decades, the personal injury lawyers at Anapol Weiss have successfully represented victims who were injured or killed as a result of the negligence of others. Our attorneys have the skill, knowledge and resources to advocate for you and your family if you experienced this situation.

Contact us today for assistance.

 

Topics: Personal Injury Law, Negligent Security

Stephen Pokiniewski Covers Collateral Source Rule in Legal Intelligencer

Posted by Anapol Weiss on Jan 8, 2016 3:30:00 PM

Capture.jpg"After the passage of the Affordable Care Act, the defense in catastrophic injury cases has attempted to use the act to limit the plaintiff’s claim for future medical expenses," explains attorney Stephen Pokiniewski in his recent article for The Legal Intelligencer.

In the article, Pokiniewski describes legal issues that have arisen in catastrophic personal injury lawsuits in Pennsylvania and New Jersey as a result of arguments regarding the Affordable Care Act and its implications about compensation for future medical expenses.

Pokiniewski cites Deeds v. University of Pennsylvania Medical Center, in which the Superior Court in Pennsylvania recently addressed this issue. For plaintiffs' counsel, Pokiniewski argues, "Deeds is an important decision to utilize any time a collateral source issue arises."

Click here to read the full article published in The Legal Intelligencer.

Topics: Personal Injury Law

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