In the Commonwealth of Pennsylvania and in the State of New Jersey the explosion of trampoline park openings continues. These facilities insist that lengthy Releases/Waivers of Liability are executed which purportedly bar any claims arising out of injury that may occur based on ordinary negligence of the facility or its employees or agents. If their actions were to rise to the level of recklessness there is the opportunity to vitiate, or make the waiver null and void. Interestingly in other jurisdictions that also have laws concerning waivers of liability and releases, litigation against these types of facilities are proceeding with some success.

Continue Reading Trampoline Park Injuries

During the past year the Ironworkers ZERO Fatality-Incident Campaign commissioned by General President Eric Dean, and the IMPACT board of trustees, concentrated on training and communication measures to the improve safety for ironworkers while on the job. The overarching goal of the campaign is to improve safety skills and knowledge.

Continue Reading Ironworkers ZERO Fatality-Incident Campaign

McDonalds has recalled 29 million Happy Meal toy fitness trackers in the U.S. and Canada because of reported rash and burn injuries. The McDonalds “Step It” trackers included two versions of brightly colored, wearable tech: one that counts steps, and one that signals walking speed with flashes of light. These Step It “toys” are not high dollar adult wear and yet the injuries reported—rashes and burns—are eerily similar to injuries from Fitbits that the company was forced to recall in 2014. Just three weeks ago, another company, Basis, recalled its Peak tracker for causing burns and blisters.

Continue Reading Wearable Tech Injuries on the Rise: McDonalds recalls Happy Meal Fitness Trackers

For those unaware, government immunity is the doctrine that provides federal, state, and local governments with immunity against certain legal claims arising out of torts committed by a government employee, official, or agent. The doctrine comes from English law, which held that the crown could do no wrong. What this means today in Pennsylvania, in practical terms, is that in order to sue the Commonwealth of Pennsylvania, your case must fall into one of several exceptions to government immunity.

One of the exceptions to government immunity is the motor vehicle exception, which seeks to hold the government responsible for motor vehicle accidents caused by government employees acting in the scope of their employment as a government employee. The motor vehicle exception to government immunity essentially waives immunity where the negligent act that caused the plaintiff’s injuries involves the movement and operation of the government owned or controlled vehicle or its parts.


Continue Reading The Motor Vehicle Exception to Government Immunity in Pennsylvania

You slipped, you lost your balance, and you fell down and got hurt. Does this automatically mean it is the fault of the property owner? The answer is, “Maybe.” If the property is in disrepair or the owner knew about the risk and ignored it, you could have a claim. But before you start planning on the owner paying your medical bills, you should think about the conditions of the property, the steps the owner took to prevent an accident, and whether or not those steps were reasonable. Ask yourself these questions and then call an experienced, knowledgeable attorney who can assess your options for insurance claims, or, if warranted, for a negligence claim:

Continue Reading Falling Down: Is the Property Owner at Fault?

In a recent blog post, Tesla revealed that the Model S vehicle that was involved in a fatal accident on May 7 in Williston, Florida was in Autopilot mode at the time of the collision. This marks the first known fatality in a Tesla vehicle where Autopilot was active. The National Highway Transportation Safety Administration

On September 18, 2015, the Honorable Stephanie A. Mitterhoff, J.S.C. denied YMCA’s Motion for Reconsideration of the denial of its Motion for Summary Judgment as to whether it is a charitable organization and entitled to immunity pursuant to the Charitable Immunity Act, N.J.S.A. 2A:53-7 (see “CIA”). Judge Mitterhoff found that the core business of the “modern day YMCA” is a fitness center providing gym memberships including classes for various physical activities (e.g. aerobics and racquetball) for a fee.

A comprehensive analysis was conducted by Judge Mitterhoff to determine that the YMCA is not organized exclusively for religious or educational purposes, and that the sole basis for such an argument were documents such as the Articles of Incorporation, Certificates of Incorporation, and Mission Statements, which generally stated that it is an organization established to “promote a moral, spiritual, physical and mental welfare of the young men and boys of the community.”


Continue Reading No Charitable Immunity for YMCA