Cooper Schall & Levy discusses who pays in an electric scooter accident.

Who Pays in an Electric Scooter Accident?

The electric scooter craze has spread across the U.S. Companies, such as Lime and Bird, provided electric scooter sharing opportunities in some major U.S. cities. Unfortunately, there have been many problems with electric scooters. There have been widespread reports of accidents caused by the use and misuse of electric scooters. This has led many local government officials to question the safety of having electronic scooter companies to bring in business. 

Currently, the Pennsylvania Department of Transportation has provided guidance stating that electronic scooters are not street legal, but this stance may be in the process of evolving. State lawmakers are considering a bill that would allow e-scooters on streets in the Commonwealth. Philadelphia does not have any electronic scooters, but city officials have expressed concerns about allowing them on city streets and sidewalks.

Is Philadelphia Ready for Electric Scooters?

Electronic scooter-sharing companies let people pay to reserve and ride electric scooters just by using a smartphone app. There isn’t even a need to drop off the scooters at a particular docking location, as they can be left wherever (which has caused problems such as blocked city sidewalks in other areas).

Back in November of 2018, Philadelphia city officials deemed electronic scooters to be classified as “motor vehicles.” This means that they cannot be used on streets or sidewalks because the scooters do not meet the requisite safety and equipment standards. Pennsylvania lawmakers, however, introduced a bill in late February that would start the process for legalizing the use of electronic scooters. Philadelphia city officials have continually expressed objections to this kind of thing. While state lawmakers may be feeling more progressive about allowing the use of electronic scooters, local officials still express continued resistance to the idea.

While some may be resistant to the use of electronic scooters due to safety concerns, city officials could take large steps to help address potential safety issues. For instance, making sure there is quality infrastructure in place to support the use of electronic scooters would be a valuable way to help ensure the safety of riders and others on the road. Putting an infrastructure in place that would do things like physically separate those engaged in different modes of transportation, such as pedestrians, cyclists, and scooter riders, would help to ease some of the major safety concerns that have come up.

Additionally, the city may want to consider having any electronic scooter company require lessons for how to ride and where to ride the scooters. Most are not subject to this kind of requirement and it has resulted in people riding the scooters that do not know how to properly ride and do not understand what the scooter is capable of. Without an understanding of how to safely operate an electronic scooter and how the traffic rules apply to them, people are put in needless danger.

Pennsylvania Injury Attorney

Electronic scooters can be a fun way of getting around town. Unfortunately, the lack of safety measures in many locations that have allowed electronic scooter use has made a potentially fun mode of transportation extremely dangerous. Should Philadelphia ever allow electronic scooters, we hope that riders and others on the roads and sidewalks stay safe. If you are ever injured on the roads or sidewalks of Philadelphia, contact the dedicated personal injury attorneys at Cooper Schall & Levy. We are here for you. Contact us today.

Cooper Schall & Levy discusses the dog bite laws in Pennsylvania.

Pennsylvania Dog Bite Laws

Being the victim of a dog bite can be both a physically and emotionally traumatic experience. The injuries you can sustain due to a dog attacking you can be painful and require extensive treatment that must be sought immediately after the incident to prevent things such as infection and permanent scarring. Pennsylvania law allows for a person who has been the victim of a dog bite to bring a personal injury claim seeking compensation for his or her damages. However, there is a two-year statute of limitations on these types of claims. This means you should not wait to bring your claim to a qualified dog bite injury attorney. Once the two-year deadline has passed, you will not be able to file a lawsuit seeking damages for your injuries. 

Dog owner laws

In Pennsylvania, dog owners are required to control their animals by adequately confining and restraining the dog. If a dog has been deemed a “dangerous” animal, the law has additional requirements that the owner must observe. A dog is considered dangerous if the animal has:

  • Inflicted serious injury on a person without provocation;
  • Killed or seriously injured a domestic animal without provocation while off of the owner’s property; or
  • Been used in the commission of a crime.

If a person owns a dangerous dog, he or she must confine the dog in a suitable enclosure. The dog must not be let out of this enclosure unless muzzled and restrained by a leash that is being held by a responsible person. The dangerous dog owner must also post visible warning signs on his or her property making it clear that there is a dangerous dog on the property. Additionally, the owner must obtain a $50,000 surety bond issued by an insurance provider authorized to do business in Pennsylvania. The surety bond must be payable to any person who is injured by the dangerous dog.

Under certain circumstances, Pennsylvania law allows a person who has been seriously injured by a dog bite to recover compensation for injuries sustained by the animal’s owner. The dog owner must be found negligent or must have failed to comply with the dog laws of the state. The court will look to the specific facts and circumstances of the case to decide whether the dog owner should be held liable for compensating the dog bite victim for his or her injury. It will be important to be clear about whether or not the animal was at all provoked. If there is no evidence of provocation, the court is more likely to find the owner liable. Furthermore, the visitor status of the victim and the location where the attack occurred will be relevant. If the victim was trespassing on the dog owner’s private property, the court may weigh this against finding the owner liable.

Pennsylvania Dog Bite Attorneys

A dog bite is a serious matter. The personal injury attorneys at Cooper Schall & Levy fight for dog bite victims to help see that they are properly compensated for the damages they have suffered. Contact us today.

Cooper Schall & Levy discusses the most common slip and fall injuries.

Most Common Slip and Fall Injuries

Some of the most common personal injury claims involve slip and fall accidents. A property owner has a duty to maintain safe conditions on the premises. Unfortunately, property owners can become complacent and hazardous conditions can go unaddressed for far too long. Slip and fall injuries can have serious and lasting health consequences for the victim. In turn, a victim may experience financial hardships due to rapidly piling up medical bills and the inability to go to work because of the injuries. If you have been injured due to negligent property conditions, you may seek compensation for your injuries.

What Are the Most Common Slip and Fall Causes and Injuries?

The most common injuries sustained in slip and falls span a wide range. The nature of the injury will largely depend on the cause of the fall and how the person actually made contact with the ground or surrounding area. For instance, broken bones are often sustained in a slip and fall. The impact of a fall can have such a stressful impact on the bone that the bone is unable to withstand it. Wrist fractures in slip and falls are especially common because it is a natural reflex for a person to try and brace themselves with their hand when they are falling. Sprains and strains in the wrist area are common in these types of cases for the same reason. Hip fractures are also common in slip and falls as landing directly on the hip joint is a usual point of initial contact the person’s body has with the ground.

If you twist and land a certain way when you fall, you may also end up with a serious knee injury. Ligament tears or dislocation of the patella can have devastating consequences that require immediate knee reconstruction. The need for surgery and extensive follow up physical therapy are common in knee injury cases. Additionally, if you fall and hit your shoulder or reach out to brace yourself as you fall, you may dislocate your shoulder or strain your muscles. A shoulder dislocation is likely to require immediate surgery as well as a lengthy follow-up treatment plan to ensure that your injury is properly addressed and given the best chances for healing.

Some of the scariest and most common slip and fall injuries involve head injuries such as traumatic brain injury. Your head does not need to hit the ground for a traumatic brain injury to occur, although that is commonly the case. The jolt to the brain can cause serious damage. These kinds of injuries can be especially tricky as you may not even know that you have this kind of injury or the full extent of the injury. Be clear with your doctor with all of the symptoms you are experiencing to make sure any traumatic brain injury is properly evaluated and treated accordingly.

How you fall and how you land can largely depend on the cause of the slip and fall. Some of the most common causes for slip and falls include:

  • Wet or freshly waxed floors
  • Damaged or loose flooring
  • Potholes
  • Unsalted ice
  • Debris in walkways
  • Poor lighting
  • Cords running across walkways
  • Lack of handrails

Pennsylvania Slip and Fall Attorneys

If you have been injured by a dangerous property condition, you may be able to bring a personal injury claim seeking compensation for your losses. At Cooper Schall & Levy, our personal injury attorneys fight for slip and fall victims. Contact us today.

Cooper Schall & Levy discusses what you need to know about dog bite laws in Pennsylvania

5 Things You Need to Know About Dog Bite Laws in Pennsylvania

Dog bites can range from minor injuries that heal within a few weeks to traumatic injuries that result in permanent scarring, nerve damage, and other impairments or disabilities. The mental and emotional injuries from dog bites can last a lifetime. If a dog caused you injury, you can seek compensation for your injuries and damages under Pennsylvania’s dog bite laws. A Pennsylvania personal injury attorney can help you gather evidence to prove liability and document your damages.

1. Pennsylvania Has A Leash Law

Dog owners are required by law to maintain control over their dogs at all times. Maintaining control or restraining a dog may be accomplished in several ways including:

  • Confining the dog to the owner’s premises;
  • Securing the dog with a chain and collar or other device so it cannot wander off the premises; or,
  • Under the reasonable control of a person.

Many dog owners build fences, keep their dogs indoors, and use leashes whenever their dogs are not indoors or tethered in place on the premises. Owners who violate leash laws may be held liable for damages if the dog bites another person or attacks another animal.

2. Pennsylvania Has A Dangerous Dog Statute

A dog that is considered “dangerous” under the elements outlined in the statute must be registered, contained, and insured. Owners of dangerous dogs must also post clear, visible warning signs on the property where the dog is kept or housed. Failing to abide by the requirements of the dangerous dog statute can result in fines and penalties, in addition to liability for personal injuries.

A dog may be dangerous who:

  • Caused serious injury to a person without provocation;
  • Caused serious injury or death to a domestic animal without provocation while off the owner’s premises;
  • Attacked a person without provocation;
  • Was used by a person to commit a crime; or;
  • Has a history of attacking people or animals without provocation or demonstrates a propensity to attack.

3. Trespass and Provocation are Defenses to Dog Bite Claims

A dog owner may have one or more defenses available to claims for damages caused by a dog bite or dog attack. If the dog owner can show that the person was trespassing on the dog owner’s property or the person provoked the dog, the dog owner may not be held responsible for the injuries and damages caused by the dog.

4. Cities and Counties May Have Specific Laws

In addition to state laws, cities, and counties may have leash laws or other laws pertaining to restraining or confining animals. If a dog bites a person, local animal control laws may be used to prove negligence or wrongdoing for a personal injury claim.

5. Time Is Limited to File Dog Bite Claims in Pennsylvania

The state’s Statute of Limitations limits a victim’s time to file a personal injury lawsuit related to a dog bite. In most cases, you only have two years from the date of the bite or attack to file a lawsuit claiming damages. If the victim of a dog bite is a child, the child typically has two years from his or her 18th birthday to file a dog bite lawsuit. Because there are exceptions to the statute of limitations, it is best to seek the advice of a dog bite lawyer as soon as possible after an attack.

Contact a Pennsylvania Personal Injury Attorney for More Information

Dog bite injury claims can be complex. Proving a dog owner is liable for damages can be challenging. The Pennsylvania dog bite injury attorneys at Cooper Schall & Levy understand dog bite laws and can investigate the incident to search for evidence that proves the dog owner is liable for your injuries and damages. Contact us today.

CSL Recovers from School District of Philadelphia

image of broken slide at a playgroundOur dangerous playground attorneys successfully proved that the School District of Philadelphia and the manufacturer of the sliding board were both responsible for the partial amputation of our client’s pinky finger. The sliding board was not constructed according to regulations and the school district turned a blind eye when its’ employees tried to protect young students from a dangerous opening by using tape to cover the areas where the metal had split. Through the use of a highly qualified engineer and the aggressive handling of this case, our young client was awarded $500,000.00.

Contact the Lawyers who can help you with your Slip and Fall on www.cooperschallandlevy.com or call us  on 215.561.3313.

CSL Files New Lawsuits in Bergen County, New Jersey For Clients Injured By Stryker Hip Products

Did you or a loved one suffer complications after receiving a hip replacement?

You may be eligible for compensation. CSL Attorneys have recovered Millions for our clients. Call us 215.561 3313 or register here online.

Potential Hazards of Recalled LFIT V40 Femoral Heads

  • Disassociation of femoral head from hip stem
  • Fractured hip stem trunnion
  • Excessive metallic debris
  • Insufficient ROM
  • Insufficient soft tissue tension
  • Noise
  • Loss of implant: bone fixation strength
  • Excessive wear debris (polymeric)
  • Implant construct with a shortened neck length