Answered by an accident lawyer:

Under Pennsylvania law, malls, shopping centers, grocery stores, etc. may be liable for incidents that occur in the  parking lot. This includes incidents involving fall down (slip/trip) accidents and criminal acts of third parties. Who the actual defendant is will depend on who conducts maintenance or management of the parking lot and/or who owns the parking lot. Malls are generally operated by companies, so the company could be liable, in addition to the actual mall owner, parking lot operators, security companies, etc. Learn about businesses and the different duties owed under Pennsylvania business accident liability law.

Generally, the theories of liability include negligent maintenance, negligent security, and/or negligent hiring. Here are two common scenarios in which a mall would probably be liable for an incident that happens in the mall parking lot:

1. Mall patron trips over a large hole in the asphalt of a parking space which exiting from a vehicle. Due to the lighting of the parking lot, it is difficult to see the hole at night;

2. Mall patron is mugged on their way back to their car after visiting the mall. Over a several month period prior to the incident, there were a slew of robberies and assaults of patrons in the mall parking lot; however the mall does nothing about it and does not even bother to put up warning signs in the parking lot to let patrons know about the problem.

Related articles:

• Assaults at Hotels, Malls and Stores in Pennsylvania – Can You Recover for Your Injuries?
• New Jersey Store & Business Liability for Crimes Committed Against Customers
• Landlord Liability for Negligent Security at Apartment Complexes and Buildings in Pennsylvania and New Jersey

Philadelphia Business, Mall and Store Liability Lawyers

If you’ve been injured in the parking lot of a mall or store and would like to discuss your case with one of our premises liability lawyers, call 800.220.7600.  Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

**This website does not provide legal advice.  Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.  See the full disclaimer at the bottom of this page.

The post Is a mall liable for an accident that happens in the parking lot? appeared first on Laffey, Bucci & Kent LLP.

This case is one of the first of its kind. A monsignor who oversaw Philadelphia area priest is sitting in prison and will for at least another 2 years. Last year, Monsignor Lynn was convicted of one count of child endangerment.

The case continued with a jury trial earlier this year. Former Philadelphia area priest, Charles Engelhardt and former teacher, Bernard Shero, were tried and found guilty of multiple charges in connection with allegations of sex abuse of a student over a decade ago. Last week, Philadelphia Judge Ellen Ceisler, sentenced Shero and Engelhardt.

Father Charles Engelhardt was convicted of 7 counts, including Endangering the Welfare of Children, Indecent Assault, and Conspiracy (related to sexual abuse). He was sentenced to 6-12 years in prison.

Bernard Shero was convicted of 5 counts, including Rape of a Child and Involuntary Deviate Sexual Intercourse. Shero was sentenced to 8-16 years in prison.

At the sentencing hearing, both defendants continued to maintain their innocence. Appeals are expected.

The remaining defendant, Father James J. Brennan will be re-tried after the same jury which found Monsignor Lynn guilty deadlocked on the two charges against him – Endangering the Welfare of Children and Attempted Rape. As of today, that trial is currently set for October 21, 2013.

Related articles by our priest and pastor sex abuse lawyers:

• What to Expect in Priest/Clergy Sexual Abuse Civil Lawsuits in Pennsylvania or New Jersey
• Pennsylvania Priest Sex Abuse Law: The Fraudulent Concealment Exception to the Statute of Limitations
• Steps Involved in a Pennsylvania or New Jersey Child or Priest Sex Abuse Civil Lawsuit

About our Philadelphia Priest Sex Abuse Lawyers

Contact our priest and pastor sex abuse lawyers for a FREE, confidential consultation. Firm founder, Brian Kent, is a former sex crimes unit prosecutor who brings compassion to each of his sex abuse cases. Call the firm at 800.220.7600.

The post Philadelphia Priest Abuse Update – Teacher and Priest Sentenced for Sex Abuse appeared first on Laffey, Bucci & Kent LLP.

Laffey, Bucci & Kent Supports the Philadelphia Children’s Alliance Bear Affair Event

Last month, the Philadelphia based victims’ advocate law firm of Laffey, Bucci & Kent sponsored the Philadelphia Children’s Alliance (PCA) 13th annual charity event, the Bear Affair.  The firm is pleased to announce its Silver and Corporate sponsorship of this event.

The PCA is a unique resource for children who are sexually abused. The Bear Affair event is a silent auction which raises funds for the PCA. Click here to learn more about sponsoring this very special event.

A very special part of the event is collection of teddy bears. Every child who received aid at the PCA received a teddy bear or stuffed animal. PCA has found that this small gesture helps begin the healing process for many children who are victims of sex abuse.

Brian Kent, co-founder of the firm proudly supports the PCA. Click here to read about the firm’s sponsorship of the PCA in 2012.

About Brian Kent, a Former Sex Crimes Unit Prosecutor

Prior to championing the rights of victims of sex abuse in the civil courts, Brian Kent was an assistant district attorney prosecuting sex crimes in Montgomery County, Pennsylvania. He is licensed in Pennsylvania and New Jersey, and his firm will takes cases in other states, such as New York and Delaware, on a case by case basis.

Brian Kent and his firm handle civil sex abuse cases involving:

• priests and pastors,
• church members,
• teachers,
• coaches,
• daycare employees,
• school employees, and
• doctors.

Contact Brian Kent for a free consultation. 800.220.7600

The post Laffey, Bucci & Kent Sponsors PCA’s Bear Affair Event appeared first on Laffey, Bucci & Kent LLP.

Answered by a PA bar/restaurant alcohol liability lawyer:

Bars, restaurants and clubs can be held liable in bar fight situations under a variety of theories, which include:

• negligence in serving alcohol,
• failure to train staff regarding bar fights and violence,
• failure to provide adequate staff/security, and
• failure to warn of known, dangerous conditions.

In bar fight situations, an innocent patron can be attacked without provocation and if the bar/restaurant acted negligently with respect to the attacker or situation, Pennsylvania law may hold the bar/restaurant liable.

For example, a bar may be liable when a bartender serves excessive alcohol to a patron who was known to be violent and that patron then attacks another; or a bar may be liable when it fails to intervene in situations involving a bar fight or otherwise fails to act appropriately in the face of known dangers/issues.

Suggested reading: Bar Fights & Bar Liability

In any alcohol liability case, it is crucial to develop the evidence early on, by tracking down witnesses and investigating the bar/restaurant. Bars, restaurants and clubs tend to have high employee turnover rates and therefore, it is advisable to speak to an alcohol liability lawyer as soon as possible.

Related content:

• Pennsylvania Bar & Restaurant Liability for Drunk Driving Accidents-The Importance of Prompt Investigation
• New Jersey Bar & Restaurant Liability for Negligently Serving Alcohol
• NJ Bar and Restaurant Liability for Alcohol Related Accidents and Fights

Pennsylvania Bar/Restaurant Alcohol Liability Lawyers

To submit your case for review by our bar and restaurant alcohol liability and accident lawyers, call 800.220.7600.

Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

The post Can a bar in Pennsylvania be held liable for a bar fight? appeared first on Laffey, Bucci & Kent LLP.

Answered by a Philadelphia slip and fall accident lawyer:

The answer really depends on the facts and legal circumstances of the case. Whether a given fall accident case is valid depends on two main factors: whether the damages are serious and whether there is evidence of liability.

If the damages are not serious (i.e., a bruise, slight sprain, etc.), then the case is probably not worth pursuing. That’s because you must weigh the cost of filing a suit against the time, energy and hassle of filing a suit. In addition, if there is weak or no evidence of liability, then the case is not likely to be successful. In any case, the plaintiff – the person bringing the lawsuit bears the burden of proving negligence or fault. That can only be done with sufficient evidence, such as:

• the incident report,
• pictures of the defect,
• video surveillance,
• eyewitness testimony, and
• medical reports/evidence.

Suggested reading: How to Tell if You Have a Valid Slip, Trip or Fall Case

Slip and fall cases are definitely tricky cases. There are many issues to consider in determining whether to move forward with a claim. You should consult with at least one accident lawyer before making a decision. These decisions are important, and like medical decisions, you can and should always seek a second opinion before deciding to move forward.

If you’ve been injured in a fall down accident, feel free to ask one of our lawyers for a free consultation. 800.220.7600

Related Pennsylvania Slip and Fall Legal Articles:

• Department Store Liability for Slip and Falls in Philadelphia, PA
• Slip & Fall Accident Hazards – Debris in an Aisle
• Philadelphia Slip and Fall Law – Business & Store Liability

Philadelphia Pennsylvania Slip and Fall Accident Lawyer

The law firm of Laffey, Bucci & Kent has helped many slip and fall and trip and fall accident victims. The firm offers a FREE, INITIAL consultation. Contact our Philadelphia slip and fall accident lawyers. 800.220.7600. Our lawyers can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

The post I slipped and fell at a store in Philadelphia. Should I file a claim? appeared first on Laffey, Bucci & Kent LLP.

Slip, trip and fall cases can be difficult for a number of reasons. One main reason is that there are usually problems with proving liability. Many folks who have fall accidents because they slipped or tripped over some thing like water, debris, etc. often wonder if they have a valid fall accident case. The answer depends on two questions.

1. Are the damages significant enough to warrant filing suit against the owner?

There is a cost-benefit analysis which the injured person must consider prior to making the decision to file suit. On the one hand, there is the injury, damages, pain and suffering, etc. On the other hand, there is the cost of filing a lawsuit and other costs, the hassle of going through the lawsuit, taking time off work to meet with lawyers, prepare for and testify at a deposition, attend and testify at trial. The deciding factor is whether the injuries are significant, such as broken bones, spinal injuries, head injuries, etc.

In many slip and fall accident cases, the person is embarrassed and may be shaken up, but does not suffer any real injury. They may suffer very minor injuries, such as a sprained ankle or a few bruises or scrapes. Absent additional damages, a bruise, scrape or even a sprained ankle would not be significant enough to file suit. That’s because the cost of filing suit can be costly.

Obtaining records, fling a complaint and having the proper parties served can easily cost hundreds of dollars. Then, the discovery process can add several thousand dollars to the total tab, and that excludes the high cost of preparing any case for a jury trial. Expensive expert reports may be needed from medical professionals. These costs must be considered before deciding to file suit. If the injuries are minor, then the potential costs weigh against proceeding with a case.

2. Is there evidence of liability?

The strength of a slip and fall case depends on proof of liability. The more proof, the better the case. In fall down accident situations, the moments after the accident often offer invaluable evidence of liability. However, that depends on whether an incident report was filed or the accident was at least witnessed by another party. Incident reports are crucial pieces of evidence and often lead to additional sources of evidence.

Initially, after a fall down accident, the injured person may not file an incident report with the establishment. This does not defeat a fall accident case, but often makes it more difficult to prove. The store may have invaluable surveillance footage which gets erased or is otherwise lost. An incident report helps to establish critical facts, such as what time the accident occurred, whether there were any witnesses, etc. Failure to file an incident report immediately after an accident occurs can cause significant problems.

For instance, a grocery store shopper who has a fall down accident may simply walk out of the store, go home and minutes later realize they are significantly injured. The person goes to the ER and has to have surgery for a broken bone. By the time the individual thinks to contact the store, days have passed. The store’s surveillance footage capturing the accident is recycled and recorded over. The footage could have validated the person’s version of events.

Determining whether to proceed with a slip, trip or fall down accident case should be done after at least one consultation with a slip and fall accident lawyer. If you’ve been injured in a fall down accident, feel free to ask one of our lawyers for a free consultation. 800.220.7600.

Related Pennsylvania Slip and Fall Legal Articles:

• Department Store Liability for Slip and Falls in Philadelphia, PA
• Slip & Fall Accident Hazards – Debris in an Aisle
• Philadelphia Slip and Fall Law – Business & Store Liability

Philadelphia Pennsylvania Slip and Fall Accident Lawyer

The law firm of Laffey, Bucci & Kent has helped many slip and fall and trip and fall accident victims. The firm offers a FREE, INITIAL consultation. Contact our Philadelphia slip and fall accident lawyers. 800.220.7600. Our lawyers can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

The post How to Tell if You Have a Valid Slip, Trip or Fall Case, by a Philadelphia Slip and Fall Accident Lawyer appeared first on Laffey, Bucci & Kent LLP.

Answered by a former prosecutor who now represents victims of crime:

In Pennsylvania, a landlord may owe duties to a tenant’s guest. Each case is unique and should be evaluated by a lawyer with experience handling negligence cases against landlords.

In general, landlords have a duty to maintain common-access areas, such as parking lots, hallways, stairways, laundry rooms, etc. Failure to maintain, failure to correct a known defect and failure to provide adequate security are common claims a tenant may make against a landlord.

In cases involving a landlord’s liability for sex abuse which occurs on the premises, liability often attaches for failure to provide adequate security and/or hiring a known abusive employee. Read more about landlord liability for sexual assaults.

In addition to the landlord, other parties may be liable, such as:

• actual property owner,
• property management company,
• security company, and/or
• parking lot maintenance/management company.

If you had an accident at an apartment complex, negligent security & injury lawyer to discuss the facts of your case and determine the viability of a civil lawsuit.

More from our Sex Abuse Victims Legal Rights Law Library:

• Landlord Liability for Negligent Security at Apartment Complexes and Buildings in Pennsylvania and New Jersey
• Pennsylvania Landlord Liability for Injury Resulting from Criminal Activity

Sexual Abuse Victims Attorney & Advocate

Laffey, Bucci & Kent handles sexual abuse cases in the Northeast area with offices in Pennsylvania, New Jersey and New York. Attorneys at the firm are licensed in Pennsylvania and New Jersey. The firm has the resources and experience to handle sex abuse cases in all states and welcomes calls from the public and local counsel about potential cases.

Firm partner, Brian Kent, is a former sex crimes unit prosecutor who now fights for victims’ rights to obtain justice in civil cases.  800.220.7600

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

The post Can a tenant’s guest make a sex abuse claim against a landlord in Pennsylvania? appeared first on Laffey, Bucci & Kent LLP.

Landlord Liability for Sexual Assaults of Tenants and Guests

Under Pennsylvania and New Jersey law, businesses may bear liability for the acts of third parties (e.g., criminals). That liability includes robberies, rapes and other violent assaults. Liability may extend to other parties in addition to the landlord or property owner. For instance, a property management company or a security company may be liable. Usually, the primary theory of liability is negligence in failing to provide reasonable security for tenants and guests of tenants.

Below are two situations when a landlord, property owner and/or property management company may be liable for criminal activity, such as a sexual assault.

1. Landlord’s Employee Sexually Assaults Tenant

In this situation, an employee of the landlord, property owner or management company sexually assaults a tenant or guest of a tenant. The employer may be liable for negligent hiring or negligent retention. If there are facts to support that the employer failed to conduct a reasonable background check which would have revealed a history of arrests or convictions of sexually abusive behavior, the employer (i.e., landlord, etc.) may face liability for negligence in hiring the abuser. If there is evidence that the perpetrator-employee had previously attacked another tenant or that others made complaints to the employer about prior sexually abusive conduct, the employer may be liable for negligently retaining the employee. In other words, the landlord is liable for failing to fire an employee who was known to be sexually abusive.

2. Criminal Gains Access to Tenant Living Area Due to Broken Door Lock System

In this scenario, a criminal gains access to a tenant’s apartment or living area due to a broken door, lock or window. Liability will attach if there is sufficient evidence that the landlord had previous knowledge of the issue. For example, if the tenant or other tenants made prior complaints about the problem and the landlord did nothing, then the landlord may be liable for failing to rectify the problem.

If you have been the victim of a sexual assault in an apartment complex, hotel or motel, it is best to speak to a knowledgeable negligent security liability and injury lawyer to discuss the facts of your case and determine the viability of a civil lawsuit.

More from our Sex Abuse Victims Legal Rights Law Library:

• Sexual Assaults in Apartment Complexes – Beware of Sex Offenders
• Landlord Liability for Negligent Security at Apartment Complexes and Buildings in Pennsylvania and New Jersey

Sexual Abuse Victims Attorney & Advocate

Laffey, Bucci & Kent handles sexual abuse cases in the Northeast area with offices in Pennsylvania, New Jersey and New York. Attorneys at the firm are licensed in Pennsylvania and New Jersey. The firm has the resources and experience to handle sex abuse cases in all states and welcomes calls from the public and local counsel about potential cases.

Firm partner, Brian Kent, is a former sex crimes unit prosecutor who now fights for victims’ rights to obtain justice in civil cases.  800.220.7600

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

The post Liability for Sexual Assaults – Can a Landlord Be Held Liable? | PA Sex Abuse Lawyer appeared first on Laffey, Bucci & Kent LLP.

Answered by a workplace and construction accident lawyer:

In any construction site accident, multiple parties may be held liable, including:

• the general contractor which maintained the site and was responsible for safety,
• the owner who actively oversaw the construction activities,
• a subcontractor which created a dangerous condition, and/or
• a machine/equipment manufacturer for a defective product.

At any given time, dozens of contractors may be present on the site. This means that the general contractor and/or owner will be responsible for ensuring that the site is maintained in safe manner. When one subcontractor acts negligently (i.e., failing to train, failing to provide proper materials, etc.), a worker can become injured. For example, if a crane or other heavy equipment contractor is brought in and causes an accident, a bystander worker may become injured or even killed. That worker may be able to bring negligence claims against the crane/heavy equipment operating company, general contractor and/or owner. These claims would be in addition to workers compensation claims.

Workers who are injured in construction site accidents should have their case evaluated by a work accident lawyer immediately. Proper and prompt investigation are crucial in these kinds of accident cases.

Related:

• Construction Site Accidents Involving Heavy Equipment
• Front-End Loader Accidents – What You Should Know About Compensation for Injuries

About Pennsylvania and New Jersey Work Accident Lawyer, Jeff Laffey

Jeff Laffey is passionate about workers’ rights and accident safety. Jeff’s law firm proudly represents union and nonunion workers, such as:

• carpenters,
• plumbers,
• electricians,
• steel workers,
• iron workers, and
• laborers.

To submit your case for review by our Pennsylvania and New Jersey workplace and construction accident lawyers, call 800.220.7600. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis by working with local counsel. Our firm welcomes calls from local counsel to discuss a construction/worksite accident case.

Our accident attorneys serve accident victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

The post Who can be held liable for a heavy equipment accident at a construction site? appeared first on Laffey, Bucci & Kent LLP.

Improper Lane of Travel at Construction Sites Leads to Equipment Accidents

Tip over or tilt accidents, as well as accidents when a worker is struck by or crushed by large equipment or vehicles, tend to occur due to the failure to provide a safe path of travel for the given equipment. For example, there is an increased likelihood of accidents when forklifts are allowed to travel in worker walking areas.

OSHA regulation 1926.602(a)(3)(i) specifically states:

No employer shall move or cause to be moved construction equipment or vehicles upon any access roadway or grade unless the access roadway or grade is constructed and maintained to accommodate safely the movement of the equipment and vehicles involved.

Construction sites are dangerous places for workers and innocent bystanders alike. The recent Philadelphia demolition accident case is a tragic example of that. The federal Occupational Safety and Health Administration (OSHA) applies to all kinds of different work sites, including construction sites.

OSHA does not provide compliance checks unless a complaint is made. Therefore, work safety largely remains with the contractors at the site, and in many cases, compliance with OSHA regulations is time-consuming and costly. At any given construction site, it is pretty common to see several OSHA violations. When OSHA regulations are ignored, accidents occur, especially those involving large equipment.

When construction equipment is involved, accidents are often fatal. Common types of construction equipment which are involved in accidents include:

• forklifts,
• cranes,
• lifts,
• loaders,
• pavers, and
• excavators.

Workers who are injured in accidents involving construction equipment may be entitled to receive financial compensation in addition to, or on top of, workers compensation benefits. Negligence claims may be successful against contractors as well as equipment manufacturers. Therefore, it is best to discuss a potential construction equipment accident case with a work accident lawyer as soon as possible.

Related:

• Construction Site Accidents Involving Heavy Equipment
• Front-End Loader Accidents – What You Should Know About Compensation for Injuries
• On The Job Forklift Accidents & Injuries Can Be Prevented

About Pennsylvania and New Jersey Work Accident Lawyer, Jeff Laffey

Jeff Laffey is passionate about workers’ rights and accident safety. Jeff’s law firm proudly represents union and nonunion workers, such as:

• carpenters,
• plumbers,
• electricians,
• steel workers,
• iron workers, and
• laborers.

To submit your case for review by our Pennsylvania and New Jersey workplace and construction accident lawyers, call 800.220.7600. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis by working with local counsel. Our firm welcomes calls from local counsel to discuss a construction/worksite accident case.

Our accident attorneys serve accident victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

The post Construction Equipment Accident Prevention – Improper Lane of Travel appeared first on Laffey, Bucci & Kent LLP.