PRODUCT LIABILITY
Defective or dangerous products are the cause of thousands of injuries every year. Product liability requires diligence and expertise far beyond the boundaries of ordinary law practice. As a consumer you have a right to be safe from harm from products you use and come in contact with. Tabas & Rosen has successfully handled products liability cases pertaining to: industrial products, over-the-counter and prescription drugs, medical devices, toxic materials, vehicles, clothing, food, baby products, and other recreational and consumer products. It is critical to retain an attorney who has experience and an impressive record with defective product law and product liability cases.
WHAT IS PRODUCT LIABILITY? Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer or the end user of a product. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. When a defective or dangerous product has injured you, potentially liable parties include: § The manufacturer § The manufacturer of component parts § The wholesaler § The retail store that sold to the product In general terms, the law requires that a product be safe for its intended and reasonably foreseeable uses, and meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer. A defective condition, creating strict liability, is not limited to defects in the design or manufacture of a product. The manufacturer and supplier of a product must also provide such warnings and instructions as are necessary to inform the user or consumer of the possible risks and inherent limitations of the product in a form that will reach the consumer. If there are no warnings or instructions included with the product, this may be considered a defect. The law of strict product liability concentrates on the safety of the product rather than on the reasonableness of the manufacturer and supplier's conduct. The manufacturer and supplier of a product may be liable for harm caused by its defective product even where it has exercised reasonable care in the preparation and sale of its product. DEFECTIVE PRODUCTS Under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective, and that the defect made the product unreasonably dangerous. There are three types of defects that might cause injury and give rise to manufacturer or supplier liability: § Design defects § Manufacturing defects § Marketing defects Design defects are present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe. Manufacturing defects are those that occur in the course of a product's manufacture or assembly. Finally, marketing defects are flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings. In a recent significant defective products case, Tabas & Rosen recovered 6.25 million dollars for a sixty-two-year-old baking ingredient wholesaler, who contracted bronchiolitis obliterans, a severe and rare pulmonary disease, as a result of his exposure to diacetyl, an ingredient used in butter flavoring of popcorn. Our client had been exposed to diacetyl, while mixing ingredients for many years before suit was started. At the time of the lawsuit, only anecdotal scientific evidence existed about the dangers associated with diacetyl until several months before suit initiated. More than 10 years before out client’s exposure had ended. Defendant’s unsuccessfully resisted this suit on the basis of the Statute of Limitations, federal statutes that they argued preempted our client’s claim, as well as medical causation. A recovery of 1.5 million dollars in damages was made on behalf of the estate of a sixty-two-year-old homemaker who died from the explosion of a defective propane tank. The client died four days after sustaining burns, and without regaining consciousness. The explosion occurred when her daughter removed the hose attached to the propane tank as the client was baking. A recovery of $325,000.00 was made on behalf or a six-year-old child who suffered third-degree burns on her back and buttocks. The child’s nightgown caught fire when it brushed against an unattended hotplate. The manufacture was found to have acted negligent in not making the garment with flame retardant. This case was especially complicated due to the fact that the child had received the nightgown second hand from a goodwill missing all tabs and product labels. Tabas & Rosen investigated clothing mills and spoke with experts in the industry to pinpoint exactly which company had manufactured the product. In addition, a recovery of 2.3 million dollars was made on behalf of a college student, who was rendered a quadriplegic after diving into a “Hopper Bottom” swimming pool. The client was a guest at a private home, and dove into the pool for the first time when he was tragically injured. As a result of the dangerous design of this “Hooper Bottom” pool, which was installed over 25 years before this event, our client hit his chin on the unexpectedly shallow depth of the pool. Liability was assigned based on the faulty design of the pool, the failure to give adequate warning about the depth of the pool and against diving. The manufacture, distributor and installer of this pool all unsuccessfully fought to dismiss the claim on the basis of the Statute of Repose that barred recovery for injuries resulting from improvements to real property that had been made more than 12 years from the date of completion of construction. UNAVOIDABLE UNSAFE PRODUCTS By their nature, some products simply cannot be made safer without losing their usefulness. For example, an electric knife that is too dull to injure anyone would also be useless for its intended purpose. It is generally believed that, as to such products, users and consumers are the best equipped to minimize risk. Thus, while a product might not be deemed unreasonably dangerous, manufacturers and suppliers of unavoidably unsafe products must give proper warnings of the dangers and risks of their products so that consumers can make informed decisions regarding whether to use them If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. SERIOUS INJURY
In our modern, fast paced world, serious personal injury can happen when you least expect it. Often serious personal injury claims and lawsuits arise when people are injured physically or psychologically by negligent or irresponsible acts of others, or injured by products that are defective in some way. When someone is determined to be legally responsible for injuring another they are liable for the injury, and obligated to pay the injured person compensatory damages. In most cases, compensatory damages include lost earnings and earning capacity, the cost of medical care, and pain and suffering . Just as there can be many types of personal injury cases, each such personal injury case can have its own particular type of damages.
Compensatory damages attempt to put an injured person back in the position he or she occupied before being injured. In some cases, punitive damages are also awarded in personal injury lawsuits. Punitive damages are intended to punish wrongdoers and to prevent those in a similar position from harming others. Most states have statute of limitations requirements of two years for an injure person to take action and file a lawsuit. However, regardless of any statute of limitations , our lawyers believe that immediate and aggressive action often results in the most reliable investigation, the presentation of the most compelling proof and the best possible recovery. The experienced attorneys of Tabas & Rosen are effective at securing the maximum compensation to which you are entitled. We help you deal with your insurance company, as well as the insurer of the other party or parties. Insurance companies have lawyers working hard to deny and limit their payouts; you need an advocate on your side that will work just as tirelessly for you. In a recent personal injury action, Tabas & Rosen recovered $44,000.00 from the homeowner’s policy of parents of a playmate of our eight-year-old client. The playmate tossed a lit firecracker into a bowl of gasoline causing serious second-degree burns on the child’s face. A recovery of 2.3 million dollars was made on behalf of a college student, who was rendered a quadriplegic after diving into a “Hopper Bottom” swimming pool. The client was a guest at a private home, and dove into the pool for the first time when he was tragically injured. As a result of the dangerous design of this “Hooper Bottom” pool, which was installed over 25 years before this event, our client hit his chin on the unexpectedly shallow depth of the pool. Liability was assigned based on the faulty design of the pool, the failure to give adequate warning about the depth of the pool and against diving. The manufacture, distributor and installer of this pool all unsuccessfully fought to dismiss the claim on the basis of the Statute of Repose that barred recovery for injuries resulting from improvements to real property that had been made more than 12 years from the date of completion of construction. In addition, a settlement of $400,000.00 was recovered on behalf a forty-three-year-old pedestrian who suffered a torn rotator cuff. The injury was the result of an airplane baggage cart negligently striking our client at the Philadelphia International Airport. If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. Negligence and Tort Liability
Generally speaking, negligence is “the failure to use ordinary care” through an act or an omission. Thus, liability for one's negligence arises when:
Proximate Cause In order for a defendant to be liable, the plaintiff must establish that the defendant’s actions were both negligent and the proximate cause of his injuries. The defendant’s actions are said to be the proximate cause when the plaintiff’s injuries were the “natural and probable result” of the defendant’s negligent conduct. In is important to remember that the defendant’s conduct must be “a proximate cause” of the plaintiff’s injury. It is not necessary when assigning liability that the defendant’s negligence be either the only proximate cause of an injury, or the last proximate cause. Often a defendant may be liable when multiple proximate causes contribute to plaintiff’s injury. Thus, a plaintiff may be able to bring a cause of action against two or more defendants by proving that the acts or omissions were the proximate cause of the plaintiff’s injury, even where the defendants’ negligent acts were distinct from one another. Elements of a Negligence Action The typical formula for evaluating negligence liability requires a plaintiff to prove the following four factors by the “preponderance of the evidence”: 1. The defendant owed a duty to the plaintiff (or a duty to the general public, which plaintiff is a member of); 2. The defendant violated that duty; 3. As a result of the defendant’s violation of his or her duty, the plaintiff suffered an injury; and 4. The injury was a reasonably foreseeable consequence of the defendant’s action or inaction. In a recent negligence case, Tabas & Rosen was able to recover 1.95 million in lost wages and future earnings for a forty-nine-year-old man, whose vehicle was struck by an unoccupied, run away truck. The truck was negligently loaded in the middle of a busy public street, in violation of OSHA and state regulations by a forklift owned by a building supply company, driven by an unlicensed, uncertified forklift operator. As a result of the crash, our client sustained several herniated discs that required cervical decompression and fusion. Liability was based on the building supply company and the forklift driver's failure to properly secure the vehicle by placing chocks in front of the wheels of the truck before they loaded it as required. A recovery of $450,000.00 was made for a tile subcontractor who was injured while working on the lower level of a two-story construction complex. Our client was installing tiles, while workers above him were trying to place glass panes into a steel railing along a balcony. As the glass was being installed, it shattered and shards fell down to the first story on to our client and his workspace. Our client was struck by the broken glass and suffered lacerations to his right wrist and to the left side of his face. Liability was premised on general contractor’s failure to properly supervise and ensure a safe workplace. Additionally, the glass contractor was also found liable for improperly securing the pane and providing inadequate protection to the detriment of those working below. A recovery of $420,250.00 was made on behalf of a sixty-one year old female court employee who was involved in a front-end collision. Our client was traveling through a traffic intersection when a motor vehicle ran a stop sign colliding into her vehicle. As a result of collision, our client sustained tears in the ligaments of both her knees. Liability was assigned to the opposing driver for failing to observe and obey the traffic sign and injuring our client while operating his vehicle. In addition, a recovery of $415,000.00 was made on behalf of a forty-year-old produce vendor motorcyclist who suffered an open fracture of the pelvis and a comminuted fracture of the right femur. Our client was injured when he lost control of his motorcycle and fell while riding over an uncovered storm grate. After falling he was then run over by another motorcycle following behind him. The New Jersey County responsible for the road and storm drain was sued for maintaining a dangerous condition. Liability was established when it was determined that the portion of metal slatted sewer grate in the middle of the lane should have been covered. Contributory Negligence Contributory negligence is a defense to a claim based on defendant’s negligence. It applies in situations where plaintiff, has through his own negligence, contributed to the harm suffered. Contributory negligence is often regarded as unfair because under the doctrine a victim, who is at fault to any degree, including 1% at fault, may be denied compensation entirely. The extreme consequence of this approach has led to it being limited or abandoned in many jurisdictions. Most states today either follow comparative negligence doctrine or a form of modified comparative negligence. Comparative Negligence When comparative negligence applies, the damages a plaintiff is awarded will be reduced in proportion with the plaintiff’s fault for his or her own injuries. For example, a jury may determine a plaintiff’s damages to be $100,000.00, and that the plaintiff is 30% at fault. The plaintiff would thus be awarded $70,000.00 against the defendant. In States Such As Pennsylvania, New Jersey and Delaware An injured party can only recover if it is determined that his or her fault does not reach 51%. If the injured party was 50% of less at fault, he or she may still recover damages against the negligent defendant. In other words, a plaintiff may have caused half of the accident and may still recover damages, but if it is found that plaintiff’s exceeds more than half of the cause of the accident, the plaintiff is barred from recovering any damages from the court. Vicarious Liability Vicarious liability occurs when one person is held responsible for the negligence of another. Typically, this arises in an employment context, where the employer, is responsible for the negligent acts of the employee, which occur within the context of the employment relationship. Contact Tabas & Rosen There are many exceptions to the standard negligence systems present in several states. The information present in this article should be used as a guide. Nothing in this summary should be construed as legal advice. Specific questions should be directed to Tabas & Rosen and their qualified attorneys. Tabas & Rosen have the resources to assess the prospective damages, and the technical ability to present an effective presentation of the facts to prove that legal duty owed to you was breached and you have experienced economic loss as a result. If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. WRONGFUL DEATh
Wrongful death is commonly caused by car accidents, motorcycle collisions, commercial vehicle crashes, product defects, construction accidents, and countless other factors. Wrongful death is the most serious of all personal injuries, the estate of the deceased and survivors and family may be entitled to compensation for:
1. Medical bills 2. Pain and suffering prior to death 3. Loss of financial support for the surviving spouse 4. Loss of financial support for the surviving children 5. Loss of services of your loved one 6. Loss of society, comfort, care and companionship of loved one 7. Other compensation Every state has enacted their own wrongful death statutes; there is variance between states. In addition, every state’s wrongful death laws are governed by a statute of limitations. In many instances, a wrongful death statute begins at the time of death, but in some cases, the statute does not begin until the death is discovered. The statute of limitations restricts the length of time the claim can be brought before the court. Due to the fact wrongful death laws differ from state to state and can be case specific, it is prudent you contact an experienced attorney as soon as possible to maximize your legal rights and opportunities. In a recent wrongful death action, Tabas & Rosen recovered $500,000.00 in damages for the parents of a twenty-one-year-old college student. A drunk driver, in a head on collision, killed the student. Tabas & Rosen successfully recovered compensation for the victim’s parents from both the bar and the underinsured driver. A recovery of 2.5 million dollars was made for the estate of a thirty-three-year-old part-time bartender who was stabbed to death by a disgruntled patron. The patron unsuccessfully defended the action by claiming the stabbing was accidental. Tabas & Rosen recovered the maximum policy limit against the patron’s homeowner policy. A wrongful death settlement of $500,000.00 was made on behalf of the estate of a twenty-one-year-old college student who was killed in a head-on collision near Academy Road when a strip club patron drove the wrong way on I-95. Client’s parents were able to recover from the strip club and its parent corporation because driver had been visibly intoxicated when the club and management failed to stop service. In addition, a settlement for the maximum policy limit of $500,000 was recovered for the estate of a college student who drowned while whitewater rafting. The young man tragically drowned after being thrown from the raft and becoming entangled on a safety rope line, which was improperly secured to the raft. The rafting company, whom our client had leased the raft from, defended unsuccessfully by arguing our client had assumed the risk of the dangerous activity and had signed a waiver of claims before leasing the raft. We can help you through this time of crisis and bring the resolution that your family needs to move forward. Our attorneys care about serving you fully and with the most compassionate handling of your case possible. You don’t need to go through this alone – let us help bring closure to this ordeal and the compensation your family needs and deserves. If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. PREMISE LIABILITY
Premise liability refers to the legal liability of persons for injuries or damage to others that arose from the ownership or possession of their property. Tabas & Rosen has a reputation for providing timely, professional, and quality assistance to those who have been injured by the negligence of homeowners, shopping centers, office buildings, sports arenas and many other real estate owners, tenants and managers Premise liability is based on the principal of negligence, which is controlled by both case and statutory law. Similar to other negligence actions, the party injured must show the following:
Premise liability lawsuits can encompass “slip and fall” or “trip and fall” actions; but can occur in countless other ways. Premise liability causes of actions can include:
A settlement of $279,000.00 was recovered on behalf of a eighty-four year old legally blind housewife who suffered a fractured hip when she was struck by an automatic door while attempting to exit retail pharmacy. The pharmacy was held liable for failing to maintain its swing-path sensor, which would have halted the door before she was struck. A recovery of $100,000.00 was made on behalf of a forty-two-year-old chemical engineer who suffered a torn meniscus from homeowner failing to close trap door entrance to basement. The homeowner was showing the property to the client who was looking to purchase the property. Client was holding his infant son when he fell into the open space with his left leg. When falling he pinned his body against the trap door fram, preventing injury to his son. The homeowner were found negligent for removing the trap door cover. A settlement of $175,000.00 was recovered from a baseball academy for internal abdominal injuries sustained to a seven-year-old boy when a universal weight system well on top of him. Premise Liability was assigned based on the fact that the boy was unsupervised in the weight room and the machine was improperly secured to the room. In addition, a settlement of, $500,000.00 was made on behalf of a telemarketer who was mistakenly shot by a supermarket security guard as the client exited after a purchase. It is important to remember when determining legal responsibility in a premise liability action that the crucial elements are: ownership, possession, and control of the premise. A person or entity that owns, possesses, or has the capacity and or duty to control or maintain the premise will be responsible for your injuries. ADDITIONAL FACTORS COURTS LOOK AT WHEN ASSIGNING LIABILITY In determining whether the possessor of land owes a duty to he injured victim, a court will weigh many different factors such as:
If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. SLIP AND FALL
Slip and falls are the second leading cause of injuries in the United States. They account for an estimated 16,000 deaths each year. An unnoticed crack or a small amount of spilt liquid can leave an injured party in a wheelchair or with a permanent spinal cord injury. Often these injuries and deaths are caused by a dangerous or hazardous condition in someone else's property. Property owners have a legal duty to supply a safe and clean environment including all floors, halls, steps, and entranceways. Thus, if a slip and fall accident happens on their property as a product of their negligence, they are legally responsible for any injuries that may occur from these unsafe conditions.
What Should You Do After a Slip and Fall Accident? Seek Medical Help for Your Slip and Fall Injuries. If you suffer a slip and fall or a trip and fall, seek immediate medical attention for your injuries. In the case of severe injuries, an ambulance should be summoned for emergency transport to a hospital. Too often, however, severe injuries sustained in a slip and fall accident may not manifest themselves for some days or weeks, making it all the more important that you be examined by a medical provider without delay. Determine the Hazard That Caused Your Slip and Fall. If possible take photos. In order to have a viable slip and fall (or trip and fall) claim, it is necessary to identify the dangerous condition or hazard that caused you to slip and fall. Time is of the essence in preserving the evidence at the site of your fall. Therefore, do what is reasonably necessary to take photos. If you have a camera with you (your cell phone will do), snap photos, or ask a companion or anyone at the scene to take one. Report the Slip and Fall Accident. If you suffer your slip and fall injury in any commercial establishment, such as a store, a supermarket, or a mall, you should report the slip and fall accident to management right there and then. It is very important to document your slip and fall accident in this way. Incident reports contain useful information about the accident, including the date and time of the slip and fall, the names of witnesses, and the circumstances of the injury. Most importantly, incident reports help establish that the slip and fall accident actually occurred, preventing a property owner from later claiming that the incident never took place. Contact Tabas & Rosen. Time is of the essence after a slip and fall (or a trip and fall) accident, so you should protect your rights by immediately contacting a reputable slip and fall attorney. A prompt investigation is vital to a successful slip and fall claim. In many instances, the hazard that caused the slip and fall may be a temporary one (such as a liquid spill in a supermarket) and may be cleaned up quickly, destroying critical evidence for your case. An expert slip and fall attorney will initiate the proper steps to preserve evidence, identify and locate witnesses, and assist you in obtaining the necessary medical care. He will also protect against complicated filing deadlines, which for some slip and fall claims may be as short as six months if certain government entities are involved. Failure to meet these deadlines may mean that any claim for compensation that you may have for your slip and fall injuries is lost forever. Who Is Responsible for Your Slip and Fall? Property owners, operators, and managers - whether they are individuals or business entities - may be liable for your slip and fall. A knowledgeable slip and fall attorney can locate the owners of any given property by checking the appropriate government records, including tax rolls. Some owners and operators who bear responsibility for your slip and fall may not be as obvious. They may, for instance, include service providers - such as concessionaires and janitorial companies - on the property in question. They may include franchisors and parent corporations as well as government entities. A slip and fall at a public school, for instance, may impose liability on a local governmental, whereas a slip and fall at a post office would implicate the federal government. Damages You May Recover for Suffering a Slip and Fall If your slip and fall accident was due to negligence on the part of a property owner, operator, or manager, then you would be able to recover compensation for: 1. Pain and suffering 2. Medical bills for past and future care 3. Lost wages 4. Any reduction in your earning capacity. A recovery of $100,000.00 was made on behalf of a forty-two-year-old chemical engineer who suffered a torn meniscus from a homeowner failing to close trap door entrance to basement. The homeowner was showing the property to the client who was looking to purchase the property. Client was holding his infant son when he fell into the open space with his left leg. When falling he pinned his body against the trap door frame preventing injury to his son. The homeowner was found negligent for removing the trap door cover. A recovery of $160,000.00 was made on behalf of an elderly woman who suffered a fracture when she was knocked over by an unleashed dog, while she was walking in Tookany Park, Cheltenham Township. Recovery was made against the homeowner’s policy of the dog owner. In addition, a $183,700.00 was recovered for a customer, who fell on steps while visiting his customer’s office. Client fell walking upon deteriorating, unstable and uneven cement pads leading to the customer’s doorway. Recovery was made against the owner of the property and the landscaper who installed the pads. Although punitive damages are uncommon in slip and fall cases, a skilled slip and fall attorney would be able to recover such damages if the defendant's conduct amounted to a reckless disregard for safety - that is, if a property owner or manager egregiously ignored a known safety hazard, thus causing the slip and fall. If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. AUTO ACCIDENTS
According to the U.S. Census there was 10.6 million automobile accidents in 2007; of which, over 43 thousand resulted in death within one year of the accident. In addition to driver mistakes, vehicle defects, defectively designed or maintained roadways can account for several auto accidents. At Tabas & Rosen, we understand the often profound effects that auto accidents have upon those injured and their families. If you have been injured in a car accident, there are ten simple steps to protect you from being victimized by standard car insurance defense tactics:
1. Call the police. Without a police report, the other driver may later change their version of the events without your being able to prove that his story has changed 2. Get the driver's information at the scene, and verify that they have insurance. 3. If injured, request prompt medical attention at the scene. It is important to have medical documentation of your initial injury and complaints. 4. Contact us at Tabas & Rosen. 5. Follow up with a qualified medical professional. Most car accident victims suffer orthopedic injuries, so seek the services of an orthopedic surgeon. Your family doctor may or may not be equipped to best treat auto accident injuries. 6. If possible, take pictures of both your car and the other driver's car in order to preserve images of the vehicles involved in the car accident. 7. If there were witnesses to the motor vehicle accident, get a business card or an e-mail address from them immediately. 8. Take a photograph of the scene of the accident in order to preserve that evidence. 9. If your insurance company contacts you, give them the basic information about the motor vehicle accident. 10. If possible, open a file and keep all of your documentation, including medical bills, in a file. In a recent auto accident case, Tabas & Rosen recovered $515,000.00 on behalf of a retired schoolteacher who suffered a cervical disc protrusion as a result of the accident. The retired teacher was injured when an underinsured motorist struck the client in rear of his vehicle. A recovery of $535,000.00 was made on behalf an eighteen-year-old university student who suffered fractures to her thoracic spine. The injuries arose as a result of her being the passenger of a car involved in a head-on collision. Our attorneys obtained $250,000.00 the maximum personal injury benefits from the negligent driver, and obtained an additional $285,000.00 from the underinsurance policy for injuries from which client made a full recovery. A settlement of $500,000.00 was made on behalf of the estate of a twenty-one-year-old college student who was killed in a head-on collision near Academy Road when a strip club patron drove the wrong way on I-95. Client’s parents were able to recover from the strip club and its parent corporation because driver had been visibly intoxicated when the club and management failed to stop service. In addition, a verdict of $328,372.49 was obtained on behalf of a thirty-two-year-old Atlantic City blackjack dealer who suffered a cervical disc protrusion, in a rear-end collision, which occurred at a toll plaza on the Atlantic City Expressway. At trial, the defendant presented evidence of and argued our client had minor impact and soft tissue injury, which was successfully refuted by her expert’s testimony. Insurance companies evaluate injuries and claims automobile accident victims based on sophisticated computer programs that analyze the type and amount of what they believe is necessary medical treatment. Therefore, it is important to get the appropriate treatment from a qualified medical professional. Injuries often go undiagnosed because individuals fail to report all the relevant details and symptoms of their injuries. Preserving medical evidence and obtaining the correct diagnosis and treatment of your injury is key to maximizing the potential settlement value for your case. If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. TrUCK AcCidents
At Tabas & Rosen we are dedicated to helping the victims of truck accidents. According to a 2005 study by the National Highway Traffic Safety Administration (NHTSA), 12 percent of all traffic accident fatalities that occurred that year involve large trucks. Unfortunately, too many attorneys make the mistake of assuming that truck accidents cases are similar to car accident cases only with bigger vehicles. This misconception is dangerous and may result in less than the maximum recovery.
If you or a loved one have been injured or killed in a truck accident, it may be possible to bring a civil action against the responsible driver and his employer. More often than not in accidents involving large commercial trucks and passenger vehicles, the riders of the passenger vehicle will sustain more severe injuries than the truck driver. The massive weight and size of commercial trucks can easily produce severe injury or death to the riders of a passenger vehicle involved in the accident. It has been our experience that many drivers do not sleep for the legally mandated number of hours required before driving on the road. This requirement often delays transport times and as such, companies and drivers sometimes ignore this law and drive extended hours on end to meet deadlines. Driving a semi truck on limited rest may result in increased danger, and may increase the value of a case if this information is discovered. Other truck accidents occur due to excessive commercial truck loads, commercial truck breaking defects, commercial truck driver drug and alcohol usage. Truck accident lawsuits are complicated because truck accidents often involve factors that don't exist in other types of traffic accidents. By filing a lawsuit and the use of proper discovery we are able to secure the records to ensure it is available for our client. The lawyers of Tabas & Rosen recognize unique nuances of trucking accidents and can apply this understanding to your case if you or a loved one has been harmed. If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. MOTORCYCLE ACCIDENTS
Although motorcycles represent only three percent of all registered vehicles in the United States, the most recent statistics released by the National Highway Traffic Safety Administration showed motorcyclists accounted for 13 percent of total traffic fatalities in 2007. During 2007, 50 percent of all fatal motorcycle crashes involved collision with another type of motor vehicle. If you or a loved one has been injured in a motorcycle accident, you’re likely frustrated, possibly because a negligent driver caused the accident.
Tabas & Rosen understands how important your bike is to you and appreciates how serious motorcycle injuries can occur. Similar to auto accidents, motorcycle accidents often result in severe personal injury, permanent disability, or even death. There is a very real bias in the courtroom against motorcycle drivers involved in accidents and we’ll fight to overcome that negativity and get you the compensation you deserve. A recovery of $415,000.00 was made on behalf of an forty-year-old produce vendor motorcyclist who suffered an open fracture of the pelvis and a comminuted fracture of the right femur requiring open reduction surgery with internal fixation. Our client was injured when he lost control of his motorcycle and fell while riding over an uncovered storm grate. After falling he was then run over by another motorcycle following behind him. The New Jersey County responsible for the road and storm drain was sued for maintaining a dangerous condition. Liability was established when it was determined that the portion of metal slatted sewer grate in the middle of the lane should have been covered. It is very important to retain experienced counsel if you have been involved in a motorcycle accident. Insurance adjusters and defense attorneys protect the interests of their employer – the insurance company – rather than your interest. If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. BOATING ACCIDENTS
According to a report by the United States Coast Guard, there were 4,730 recreational boat accidents in 2009, 736 deaths resulting from boating accidents, and $36 million dollars of damage to property as a result of recreational boating accidents. While many people turn to watercrafts such as jet skis, privately owned vessels, commercial boats, and other watercraft in order to transport goods or to enjoy some time on the water, boating accidents can make excursions on any river, lake or ocean deadly. Preserving evidence in watercraft accidents, as with other accidents, is important, and sometimes critical. If you, or someone close to you has been injured in a boating accident you should consult Tabas & Rosen to handle your claim and let us secure the necessary evidence without delay.
Causes of Boating Accidents Most boating accidents are preventable. Operator inattention, operator inexperience, excessive speed, and improper lookout are the top four primary contributing factors in accidents. Many boat operators simply underestimate the dangers of operating boats. Alcohol consumption is a large factor in many boating accidents. The United States Coast Guard estimates that boat operators with a blood alcohol concentration above .10 are more than 10 times as likely to be killed in a boating accident than an operator who has not been drinking. Boating Laws Owners and operators of boats are required to follow both state and federal law in the maintenance and operation of their vessels. This includes, among other things, operating near or through areas used by swimmers or divers, operating in such a manner that a vessel must abruptly swerve or cut speed in order to avoid a collision, or operating erratically. It is also illegal to operate a vessel in an unsafe condition so as to endanger the occupants of the vessel or others on the waterway. Unsafe conditions include having an inadequate number of life jackets or fire extinguishers, failing to display navigation lights, fuel leaks, inadequate ventilation, and an excessive accumulation of water in the bilge. Congress passed the Federal Boat Safety Act in 1971. This act gave the United States Coast Guard the ability to establish safety equipment standards for boats. Federal law requires that vessels be equipped with certain United States Coast Guard approved safety devices. These devices include gas ventilation devices, flame arresters, fire extinguishers, visual distress signals and sound producing devices. Additionally, federal regulations require personal floatation devices or life jackets of specific types for each person on board. In a recent boating accident case, Tabas & Rosen recovered $232,000.00 on behalf of a thirty-eight-year-old passenger in his friend’s motorboat. The client sustained a lumbar compression fracture, as a result of being thrown onto the boat, which was being operated at an excessive speed in rough waters. A settlement for the maximum policy limit of $500,000 was recovered for the estate of a college student who drowned while whitewater rafting. The young man tragically drowned after being thrown from the raft and becoming entangled on a safety rope line, which was improperly secured to the raft. The rafting company, whom our client had leased the raft from, defended unsuccessfully by arguing our client had assumed the risk of the dangerous activity and had signed a waiver of claims before leasing the raft. In addition, a recovery for $475,000.00 was made on behalf of the estates of a thirty-five-year-old husband and his two-year-old son, when an inattentive tugboat dredging the Delaware River struck a pleasure boat and causing it to capsize. The husband was severely injured and thrown into the water while our client and three other passengers were trapped inside the overturned hull. The mother lost her grip of her toddler son at the time of impact and later both the son and husband were recovered in the Delaware River deceased. The Captain and the dredging company were held liable under admiralty law for failure to maintain a proper lookout and not sounding a warning of their approach. If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. CONSTRUCTION ACCIDENTS
With all the hazards and risks in construction, it will come as no surprise that the construction industry has one of the highest injury rates of any profession. Certain dangers are often known, but hard to control since the workplace is changing constantly and involves the use of heavy equipment, machines, scaffolds, and ladders, all of which may be unsafe or used improperly. Construction accidents are caused by many other factors, including work methods, site conditions, poor coordination, scheduling and supervision of work. Injuries and deaths commonly involve falls, explosions, burns, electrocution, exposure to asbestos and toxic chemicals, and asphyxiation.
The construction industry must comply with federal laws governing workplace safety and health, primarily the Occupational Safety and Health Act of 1970, which the Occupational Safety and Health Administration (OSHA) enforces. Most states have adopted safety regulations in some form, and these regulations apply to work done at construction sites. Regulations, specifications, inspection requirements, and job safety programs are all used to prevent construction site accidents and promote safety awareness for everyone involved in a construction project. At Tabas & Rosen, we represent construction site accident victims, including drivers, passengers, employees, union workers, and consultants, who have been injured as a result of a company’s or individual’s carelessness or recklessness. Compensation often includes: § Pain and suffering § Financial losses § Emotional distress § Medical expenses In a recent construction accident case, Tabas & Rosen recovered a settlement of $415,000.00 against a cement contractor on behalf of an ironworker apprentice. The worker sustained soft tissue injuries to his neck and back while sitting atop a beam during the construction of a high-rise center city office building. While perched on a beam our client was pummeled by cement which was being poured by a cement mixer. Through our years of experience we understand that construction accidents can be complex and fact specific. We will pursue claims against companies whose inability to provide safe and secure work conditions contributed to serious accidents. Our experienced attorneys can quickly and efficiently secure all of the compensation to which you may be owed. Insurance companies have lawyers working hard to minimize their payouts; you need a lawyer with a proven track record who will fight hard for you. If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. LEGAL MALPRACTICE
Legal malpractice or attorney negligence cases are among the most complex cases filed in courts today. As one would expect, legal malpractice cases are commonly multi-layered. Not only must a court or jury decide whether an attorney made a mistake, but the court must decide whether the mistake caused the injury, about which the individual is complaining. Tabas & Rosen has extensive experience representing clients in this unique and specialized area of the law and has had success at recovering for individuals who have suffered financially due to attorney negligence.
Litigation Malpractice When attempting to prove legal malpractice a client must show more than simple impropriety or negligence on the part of the attorney. The individual must first show that the attorney’s actions, or often inactions, caused a failure to recover a financial award, that based on the merits of the claim should have been awarded. Litigation malpractice can arise in the following ways: 1. Breach of confidentiality 2. Conflict of interest 3. Missed statute of limitations 4.Failure to competently represent Tabas & Rosen will thoroughly investigate your claim, and skillfully prepare your case professionally and efficiently to achieve the maximum economic compensation you deserve. Our attorneys have the resources to assess the prospective damages, and the technical ability to present an effective presentation of the facts to prove that your previous attorney did not meet his legal duty owed to you and you have experienced economic loss as a result of the attorney’s negligent actions. Transactional Malpractice Transactional malpractice often pertains to attorney negligence in areas concerning: legal fiduciary responsibilities, contract law, and failure to properly advise a client or prospective client. Tabas & Rosen understands individuals who have experienced legal malpractice have suffered financially and psychologically stress as result of their previous attorney’s negligence. We fight to correct your attorney’s inappropriate actions and get the largest financial award possible. Transactional Malpractice can arise in the following ways: 1. Lapsed contract filing deadlines 2. Conflicts of interest 3. Breach of fiduciary duty 4. Failure to properly advice 5. Improper contract drafts If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. NURSING HOME NEGLECT
Being the victim of nursing home neglect or having a loved one be the victim of nursing home neglect is something that is very difficult to comprehend. Typically a senior citizen under these circumstances has feelings of panic, loss, and uncertainty. Neglect should never be tolerated and if you or a member of your family has encountered nursing home neglect, then you may want to consult Tabas & Rosen.
Nursing home neglect shows itself in different forms: bedsores, infections, falls, battery, dehydration, malnutrition, and poor medical care. Tabas & Rosen will empathetically and aggressively help you successfully settle your nursing home neglect case. Nursing home neglect is sadly all too common. It is imperative victims retain an attorney who is familiar in nursing home law and who has extensive experience litigating these cases. Tabas & Rosen understands that many elders rely on the nursing homes for their complete care. If their basic human rights are violated and the elderly person is harmed in any way, then there may be a claim of negligent nursing care. If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. GOVERNMENT LIABILITY
When governmental entities fail to meet their responsibilities, individuals and communities can be effected. If you or someone you love was injured by government negligence, you need an effective attorney to make sure the government is held liable. Whether it is to provide safe sidewalks, properly maintain roads, traffic signals or protecting our children while in school, individuals are frequently hurt due to the failure government to keep the public safe. Often real estate that is maintained by municipal corporations have hazardous conditions, which can cause injury to you. SEPTA, the South Eastern Transportation Authority and many other government agencies operate buses, cars, and trains, where accidents occur daily.
Our attorneys are prepared to handle claims against city and county agencies. Cases against the state of Pennsylvania, the City of Philadelphia, surrounding counties, local governments or other public authorities always carry strict time deadlines for filing a claim or bringing the suit. Meeting these time limits is essential and can bar recovery if missed. Tabas & Rosen successfully recovered $800,000.00 on behalf of a twenty-nine-year-old telemarketer who was severely injured while riding SEPTA. The young woman was rendered quadriplegic, when the train derailed from juveniles placing debris on a regional rail line. In addition to the recovery of the maximum policy limits of SEPTA, our attorney also secured payment from the parents of the juvenile vandals through their homeowners’ insurance policies. A recovery of $415,000.00 was made on behalf of a forty-year-old produce vendor motorcyclist who suffered an open fracture of the pelvis and a comminuted fracture of the right femur requiring open reduction surgery with internal fixation. Our client was injured when he lost control of his motorcycle and fell while riding over an uncovered storm grate. After falling he was then run over by another motorcycle following behind him. The New Jersey County responsible for the road and storm drain was sued for maintaining a dangerous condition. Liability was established when it was determined that the portion of metal slatted sewer grate in the middle of the lane should have been covered. Governments have vigorous defense lawyers, extensive resources, and can expend tremendous resources in defending your case. Our attorneys take an aggressive and strategic approach to provide you with competitive legal advocacy against governmental entities. Our attorneys know how to take on the governmental lawyers that will aggressively seek to destroy your claim. We have extensive trial experience and a track record of winning large verdicts and settlements for our clients. If you or a loved one has been injured, contact us by filling out the form below or by calling 215-569-5050 TO SET UP A FREE CONSULTATION. |