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Berks County Legal Blog

Injured guests may seek recovery for a hotel's premises liability

Many folks from Berks County have checked into a hotel for stays of one evening or longer. At the end of their stay, they check out and think no more about it. Sometimes, however, people suffer injury on a hotel's property. Can these guests sue the hotel for the damages they suffered? It all depends on the specific circumstances, but sometimes guests can recover from hotels for premises liability.

Take the example of a guest who slips and falls on a hotel's property. Can they sue? Very often, they can. If, for example, the guest slips and falls in the hotel's restaurant, the hotel may be liable if the floor was wet after someone dropped a drink 30 minutes earlier and no one cleaned it up. In this case, the hotel may have had ample opportunity to discover the wet floor and clean it up. If instead the drink had been dropped 15 seconds earlier, the hotel may not have had the opportunity to clean it up. In this case, the liability of the hotel might be harder to prove.

You don't have to navigate the aftermath of a car accident alone

Countless Americans set out on the open road each and every day. For the majority of drivers, these trips are completed without incident. There are some, however, that are not as lucky. Unfortunately, car accidents can result in severe injuries or, tragically, death. When such accidents occur, it's important that the responsible parties are held accountable.

There are, of course, some car accidents that don't have a clear picture of any negligence. Many incidents, however, are the direct result of negligence on the part of a specific vehicle involved. Because car accidents carry such significant consequences, it's important that those involved have the guidance and support of a trusted legal team. Moving forward after an accident can be difficult, but you don't have to do it alone.

What are the major causes of fatal boating accidents?

As summer draws to a close, many Berks County residents will want to get a bit more boating time in before winter sets in in earnest. Whether it's fishing or some other form of recreation, boating can be fun and a great way to spend some time. But, if something goes wrong, the fun can end in a hurry. According to the U.S. Coast Guard, in 2015 there were 4,158 boating accidents in the United States. These accidents resulted in 2,613 injuries, 626 fatalities and $42 million in property damage.

What caused these accidents? There are many causes, but some of the major ones include improper lookout, operator inexperience, operator inattention and boating while intoxicated. These are similar to the causes of so many car accidents in Pennsylvania and throughout the nation.

What recourse is there for a nursing home injury?

When it comes time to put an older relative into a nursing home, Pennsylvania residents are careful to choose one where their loved one will be well cared for. Although there are many fine employees at many nursing homes, there are some other nursing homes with problems. Also, harmful mistakes can happen at even the best of nursing homes. What recourse is there when a loved one suffers a nursing home injury?

Depending on the circumstances, the owners or operators of a nursing home may be liable to a resident, or the resident's family, if the resident suffers an injury as a result of the negligence of the owner or operator. Negligence must be proved in court, however, before a plaintiff can collect damages. In order to prove negligence, a plaintiff must prove that the nursing home owner or operator breached its duty to the resident. The plaintiff must also prove that the damages suffered were caused by the owner or operator.

Make no bones about it, a compound fracture is serious

Pennsylvania motorcycle riders know that they risk their lives every time they get out on the road. Like them, you assume that risk because you enjoy the ride (and perhaps the fuel economy). Yet, you know that in an accident, your body does not receive the same protections as those in other passenger or commercial vehicles.

In an accident, you may suffer any number of serious and debilitating injuries. Hopefully, you will be spared injuries to your back, neck or head, but other injuries can do extensive damage as well. One of those injuries is a compound fracture in your lower leg. Don't let the word fracture diminish the severity of this type of injury.

Seven people, including five kids, injured in car accident

Berks County drivers are expected to follow the rules of the road, and perhaps the number one rule of the road is to drive in the correct lane. Thankfully, most drivers do not have a problem following this simple rule. But, all it takes is one person to wreak havoc and cause catastrophic injuries. According to police, a motorist driving in the wrong lane injured seven people in Pennsylvania a few weeks ago.

Police said that the driver struck five children and two adults while driving in the wrong lane through a residential development. Of the seven people who were injured, five of them were airlifted to hospitals following the auto accident. One adult was listed in serious condition after the accident.

Hours of service rules seek to prevent truck driver fatigue

The people who drive massive semi-trailers must always be fit to drive when they are behind the wheel. This includes taking steps to prevent truck driver fatigue. To this end, truck drivers are required to follow hours of service rules. It is important to understand the federal hours of service rules Berks County truck drivers are expected to follow.

The hours of service rules are a little complex. First, truck drivers may drive a maximum of 11 hours after 10 hours off duty. The rules also recognize that truck drivers are often performing tasks other than driving when they are on duty. Therefore, truck drivers are not allowed to drive beyond the 14th consecutive hour after coming on duty after the 10 hours off duty. So, if a truck driver comes on duty and then begins driving four hours later, the driver must stop after 10 hours, assuming the driver was off duty for the necessary 10 hours first.

What is the rule for the premises liability for local government?

"Premises liability" is the law that applies to cases in which a person sues another party due to an injury suffered on the other party's property. These cases are sometimes called "slip-and-fall cases," because dangerous conditions on another party's property often result in injuries when the injured party falls due to the dangerous condition.

Premises liability cases are often filed against private parties, such as homeowners and store owners and operators. But, what about when the injury happens on property owned by a local government? There are some important facts about the potential liability of a Pennsylvania local government in a premises liability case that our readers need to know.

Understanding the basics of a wrongful death action

The loss of a loved one is an event that never gets easier to process. No matter your age or the age of your loved one, this is a difficult time that can exude many emotions. This event can be further challenging if a loved ones was suddenly killed by the negligence of another. It can be difficult to accept that such carelessness could suddenly alter your life; however, surviving family members should understand that they have rights afforded to them following the wrongful death of a loved one.

In some cases, a serious incident does not result in a fatality right away. A victim of an accident, such as an automobile crash, might suffer severe injuries, requiring them to undergo intense medical treatment. In this matter, the victim may have initiated a personal injury action. However, if the victim does not survive their injuries, a family member could recover damages through a wrongful death suit.

Advocating for patients following diagnostic errors

When Pennsylvania residents fall ill or are seriously injured, they rely on medical professionals to diagnose and treat them. Additionally, patients trust that their doctors will catch any abnormalities or concerns during their course of treatment. While this is the situation in an ideal world, in reality, errors and mistakes can occur with the medical care of a patient. Because physicians, surgeons, nurses and medical staff are all humans, they are prone to human errors. And when such mistakes occur, a patient's health and wellbeing could be placed at risk.

Being improperly diagnosed is a shocking and detrimental event. One of two things is likely to occur when there is a misdiagnosis. A patient could suffer worsened conditions because he or she is not being treated for their ailment, or a patient could suffer new medical conditions because he or she is being treated for the wrong illness. In some cases, patients will suffer both worsened conditions and new medical conditions, causing major concerns for their health.

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