Pennsylvania Law Monitor : Pennsylvania Lawyer & Attorney : Stark & Stark Law Firm : Yardley, Philadelphia, New York, New Jersey

When you are at a casino having a good time, the last thing you think about is being hurt.  However, thousands of casino patrons are hurt every year. 

Most people are hurt when they slip and fall because of a wet casino floor.   The marble floors may be beautiful, but the casino’s employees know that they are also very slippery when wet. Unfortunately people can be seriously hurt when they fall.
                                       
Patrons can also be hurt when they are confronted by individuals that become drunk at a casino bar.  The casinos have an obligation to make sure their premises are safe for everyone.  Casinos are obligated to stop serving people if they are drunk.

Most casinos have incredible security systems.  While you are inside the casino, you are almost always being watched by the “eye in the sky” - a video camera.  These videos may be very important to proving your case later in court.

If you are hurt at a casino, you should strongly consider hiring a Philadelphia based law firm, like Stark & Stark, P.C.  The casinos can be sued in Philadelphia.  This is usually better for you than suing a casino in their own town, like Atlantic City.  Would you want a jury filled with people that work in the casino industry deciding your case?

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There are three principal types of tenancies related to the ownership of real estate. Perhaps the most popular, and most familiar, is the joint tenancy. If two persons own a property as joint tenants, upon one person’s death, the other person automatically owns all of the interest in the property. There is no limit on the number of persons that can hold property as joint tenants. If a husband and wife own a property together and add their child to the deed, each will own a one-third interest in the property. Upon one of their deaths, the two surviving persons will each own a one-half interest in the property.

In the event that a joint tenancy owner is sued, and a judgment is entered against that owner, the owner’s interest in the property is subject to attachment by the creditor. In addition, any co-owners can bring an action to divide the interest in the property, and attempt to force the other owners to sell their interest.

A tenancy in common is where each owner of the property has an undivided interest in the whole of the property. However, upon the death of any owner, his or her share will pass to his or her decedents by will or by intestacy. Unlike a joint tenancy where each owner owns an equal portion of the property, tenancies in common do not require equal ownership. For example, in a tenancy in common, there could be three owners with one owing 50%, one owning 30% and one owning 20%.

A form of ownership allowed in many states is the tenancy by the entirety. In this type of ownership, only a husband and wife may own the property. The advantage of a tenancy by the entirety is that, in the event that either the husband or wife is sued (individually), a creditor may not take action against the property while it is held jointly by the husband and wife. In addition, neither the husband nor the wife may divide the ownership by deeding his or her interest to another person. Further, in order for a mortgage to be placed on the property, both the husband and wife must sign the loan documentation.

In some states, if there is no tenancy stated, there is a presumption that the owners are tenants in common, and if one person dies, then his or her interest in the property will need to be probated, even if the decedent desired for the property to pass to the surviving co-owner (including the spouse).

As you can see from the above, tenancy should not be taken lightly. We recommend a careful review of all property deeds on a regular basis to ensure that the properties are properly held in accordance with your desires.

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In this video, Eric Ludwig, Shareholder in Stark & Stark's Accident & Personal Injury Group, discusses the many components of successfully prosecuting a construction site accident case. Mr. Ludwig states that construction site accidents are complex because a plaintiff must hire experts to prove claims of liability and damages in court.

Construction Site Accidents - Part 2 from Stark & Stark on Vimeo.

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This is part 8 of an 8 part series with Henry E. Van Blunk, Shareholder in Stark & Stark's Business & Corporate Group, and Elizabeth Bloomer Nesvold, Managing Partner at Silver Lane Advisors. In this installment Mr. Van Blunk and Ms. Nesvold will discuss alternative markets and the mergers and acquisitions activity.   

Transition Planning - Part 8 from Stark & Stark on Vimeo.

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In my years of litigating trucking accident cases, I have frequently found that punitive damages provide a fantastic opportunity to increase the value of the case, particularly where there are uncertainties regarding liability and proof of damages.  By asserting a claim for punitive damages, I have found that I am often able to effectively shift focus from the inherent weaknesses of my claim to the inadequacy or recklessness of the policies and procedures of the defendant trucking company.  However, it is vital that steps are taken early on in the litigation process for the purpose of laying the proper framework for a punitive damages claim.

It is important to conduct an exhaustive investigation into the policies and practices of the trucking company that is being sued at an early stage in the litigation.  The primary goal of this investigation should be to uncover any and all practices that may be construed as “malicious, wanton, reckless, willful or oppressive,” or practices that exhibit “reckless indifference to the rights of others” thereby subjecting the trucking company to punitive damages.  Restatement (Second) of Torts, § 908(1) and (2); Dean Witter Reynolds Inc. v. Genteel, 499 A.2d 637 (Pa. Super. 1985).  The Pennsylvania Supreme Court has held that an award of punitive damages is appropriate where an “actor knows, or has reason to know, of facts which create a high degree of risk or personal harm to another and deliberately proceeds to act in conscious disregard of the risk.”  Martin v. Johns-Manville Corp., 494 A.2d 1088 (Pa. 1985).

Many times the types of practices that subject a trucking company to punitive damages can be found in the training or lack thereof that the trucking company has provided to the driver of the truck at issue. Upon investigation, it is not at all uncommon to find that a trucking company has failed to adequately train an inexperienced driver before allowing them to operate a tractor-trailer.  This simple lack of adequate training may be enough to support a claim of punitive damages.  For example, in George v. Caravan Exp., Inc., 1990 WL 357318 (Pa.Com.Pl. 1990), the court denied defendant’s preliminary objection to plaintiff’s claim for punitive damages, stating that “[i]nstructing an untrained employee to operate a tractor-trailer combination on the winding, twisting highways in this county would unquestionably be reckless and egregious conduct.”  Id. at 2.

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Cribs are meant to keep babies safe.  Unfortunately this is not always true. 

Recently the U.S. Consumer Product Safety Commission voted unanimously in favor of new proposed mandatory standards for cribs.  The new rules will render most cribs in the United States as not up to code.  Drop-side cribs will be basically banned.

Many hotels, motels and child-care facilities will have to purchase new cribs for their businesses.  This will better protect their customers and their babies.

Entrapment is one of the most common ways in which a crib can be dangerous.  Newborns are so tiny that they can become trapped in the sides or slats of the crib.  Suffocation is another dangerous problem with some cribs.  If the bedding is too soft it may cut off the air supply of the baby.

Several ways to protect babies while they are in cribs are:

1. It is always a good idea to use close-fitting clothing and blankets that are secure;
2. Use bumper padding so that the baby is not hurt when they roll to the sides;
3. Never use a crib that has drop sides on it;
4. Do not put toys or stuffed animals in the cribs;
5. Keep the cribs as low to the ground as possible; and
6. Make sure that any crib that you use has not been recalled for any reason.

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A Will is more than an estate planning document used to distribute property. One of the most important reasons to have a Will is to appoint guardians for your minor children. So often parents delay their estate planning because they cannot decide which persons will be the best guardian for their minor children. If the parents should die without a Will appointing guardians for their minor children, a judge may have to make the decision as to the guardian (this should be avoided!).

Guardianship lasts until the age of majority (eighteen). Guardians are entrusted with the care and protection of the minor children, and oversee the childrens’ daily affairs (much like a parent). Guardians are also entrusted with medical decisions and other important decisions, including those related to education and finances.

Guardianship of children is separate and apart from the guardianship of one’s assets.  In fact, often parents desire to divide the responsibility of guardianship of the assets, with guardianship of the children. The guardian of the assets makes the decisions relative to investments, distribution of assets, etc. In more complex cases, a bank or other financial institution may be appointed as guardian of the assets, or, at the very least, co-guardian.

In determining the most appropriate persons to act as guardians for your minor children, it is important to discuss the most important issues with the proposed guardians prior to their appointment. Upon discussion, you may find that the proposed guardians do not desire to be placed in such a role due to age, health, or difficulties in their own lives that would make it difficult for them to do so. It is equally important that the persons you select to be guardians for your minor children continue to desire to do so long after your Will is drafted. In the event the guardians do not desire to serve on your death, a court will most likely have to decide the guardianship. For this reason, and also the potential that the appointed guardians may be unable to serve due to death, disability, or otherwise, it is always best practice to name backup or contingent guardians in the event that the first named guardians are unable to serve.

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In this video, Michael Donahue, Shareholder in Stark & Stark's Accident & Personal Injury Group, discusses product liability claims. Mr. Donahue discusses the various types of defects, including manufacturing defects, design defects and warning defects.

Product Liability Litigation - Part 2 from Stark & Stark on Vimeo.

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This is part 7 of an 8 part series with Henry E. Van Blunk, Shareholder in Stark & Stark's Business & Corporate Group, and Elizabeth Bloomer Nesvold, Managing Partner at Silver Lane Advisors. In this installment Mr. Van Blunk and Ms. Nesvold will discuss the mergers and acquisitions landscape.  

Transition Planning - Part 7 from Stark & Stark on Vimeo.

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In this video, John Cordisco, Shareholder in Stark & Stark's Accident & Personal Injury Group, discusses the two types of claims surviving family members can file in a wrongful death case. The first is a Survival Claim which compensates the family of the deceased for losses including, lost earning, pain and suffering. The second is a Wrongful Death Claim which compensates the survivors for expenses related to the estate and other losses to the immediate family.

Wrongful Dealth in Pennsylvania - Part 2 from Stark & Stark on Vimeo.

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