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Is A Waiver Releasing Reckless Conduct Enforceable In Pennsylvania? Part Two

September 13, 2020

The Pennsylvania Supreme Court addressed the enforceability of waivers for acts involving recklessness in the case, Tayar v. Camelback Ski, 616 Pa. 385 (Pa. 2012). It ruled that there is a dominant public policy against enforcing waivers that protect those who engage in reckless behavior from liability. However, before the Pennsylvania Supremes arrived at their decision, […]

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Is A Waiver Releasing Reckless Conduct Enforceable In Pennsylvania? Part One

September 10, 2020

In Pennsylvania, exculpatory clauses in contracts are enforceable if three conditions are met. First, the clause must not contravene public policy. Second, the contract must be between persons conducting and concerning their private affairs. Third, each party must be a free bargaining agent so the contract is not one of adhesion (a contract drafted by […]

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What is Res Ipsa Loquitur and When Is It Applicable In A Personal Injury Case?

September 8, 2020

The legal concept of res ipsa loquitur may be difficult to understand for those unfamiliar with Latin or legal terminology. This Latin phrase translates to “the thing speaks for itself.” It is important because it a rule of evidence that allows a jury to infer the existence of negligence and causation where the injury at issue […]

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When Does An Employer Have to Start Paying Workers’ Comp Benefits?

September 3, 2020

If you are injured on the job in Pennsylvania, workers’ compensation benefits in the form of payments for lost wages, medical care, specific loss benefits, and death benefits are available. When is an employer required to begin paying workers’ compensation benefits after a work-related injury? Under the Workers’ Compensation Act, an employer and its insurance […]

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How Do Medical Bills Get Paid In A Worker’s Comp Case?

September 1, 2020

In Pennsylvania, once a worker is injured on the job and his or her claim is accepted by his employer’s workers’ compensation insurance carrier, the injured worker should have no cause to pay for medical treatment. Instead, the doctor, hospital, or other medical provider is legally required to bill a workers’ compensation insurance company directly and may […]

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Dealing With Neighbors And Private Nuisances

September 1, 2020

Owning or renting property does not give an owner or leaseholder the right to do whatever he or she wants while on the property without any restrictions. County and municipal ordinances typically regulate what property owners and lessees may not do while enjoying their property. Sometimes a neighbor may cause a disturbance that rises to […]

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I’m Collecting Worker’s Comp Benefits – Do I Have To Report Any Other Income I Earn?

August 28, 2020

Workers who sustain a job injury or a work-related illness receive benefits under the Pennsylvania Workers’ Compensation Act. These benefits include medical expenses and, if a worker is unable to work, wage-loss compensation benefits until they can return. While recovering from an injury, an injured worker may have the opportunity to earn income from another […]

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What Do Insurance Carriers Consider An Accident For Purposes Of Setting Rates?

August 27, 2020

Motor vehicle accidents may substantially affect those drivers and passengers who are unfortunately involved in them. When they occur, personal injury, including physical and emotional harm, and property damage are results of an accident that must be addressed by an experienced personal injury attorney. Another is an accident’s effect on the insurance rates of the […]

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Waivers, Gross Negligence, And Organized Sports

August 24, 2020

A recent case heard by the Pennsylvania Supreme Court, Feleccia v. Lackawana College (2019), addressed gross negligence in a case involving a football injury. Feleccia involved two student-athletes at Lackawanna College who suffered severe physical injuries while both were participating in football tackling drills on the same day in March 2010. Before they participated in the football […]

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