Milk Crate Challenge Injury Attorney in Philadelphia

It’s all the rage on social media, but its inherently dangerous outcomes have led to platforms like TikTok banning any of the videos from being uploaded. Participants in the “Milk Crate Challenge” range from youth and teenagers to adults – and the reality is, not only is it dangerous, it can be criminal, and participants can be sued by injured parties if they had anything to do with setting up the challenge or suggesting it in the first place.

It is a challenge that has quickly gone viral on social media. Hundreds of pictures have been posted on social media sites like Facebook, Instagram, and Youtube. The challenge requires participants to stack as many milk crates as possible into a pyramid design, then walk over the top of them. 

 

“If you didn’t set it up (in the first place), nobody is going to cross (…) I would tell anybody if you’re thinking of setting one of these up, don’t” Edith Pearce, The Pearce Law Firm

 

Who Is Liable For An Injury When Trying the Milk Crate Challenge In Pennsylvania?

milk crate challenge injury lawyers in philadelphia​​Even though walking over a pile of milk crates may look like fun, it is dangerous. If someone is injured while trying to complete the challenge, the injured person has the right to sue the party who set up the crates for negligence. In the Philadelphia area, this is true even if the injured person also helped set up the crates.  A spectator that’s injured by a flying crate or if a person trying the challenge falls on them could be awarded damages for medical expenses, pain and suffering, and lost wages.

In Pennsylvania, a person can be held liable for the injuries of another person if that person negligently causes or contributes to the injury.  In order to prove that a person was negligent in the Philadelphia area, a person injured in a “milk crate challenge” would need to show in court that the person who set up the crates did not act as a reasonably careful person would act in those same or similar circumstances.  That’s a low barrier, as just setting up the crates and making them available for someone to walk over could be considered negligent.

Prevention is the first line of defense

While a majority of those participating in this challenge are teens and adults, having a conversation with your family is the first step. Make sure they understand that just placing one crate, or holding onto a crate can make them liable. Being in the same vicinity as a milk crate challenge could open them up to being implicated in the event of an injury, even if they don’t participate – so leaving the scene and reporting what they see to an adult is probably the safest course of action.

Contact the Pearce Law Firm for Help

If you or a loved one have been injured attempting the “Milk Crate Challenge” Edith Pearce and our team of Philadelphia personal injury lawyers are here to ensure the proper care is received and you’re compensated justly. Call today to schedule a consultation.

 


What are “Google Screened” Ads for Attorneys in Philadelphia?

In October 2020, Philly users began seeing ads at the top of search results when searching for personal injury lawyers.

What does this mean?

According to Google:

“Google Screened helps professional service firms build a trusted reputation online. Businesses with this badge go through extensive background and license checks.

On Local Service listings, you will see the Google Screened icon next to these businesses.”

We signed up for Local Service Ads here, so you should see our ads at the top of Google from time to time. A lot of attorneys want in to this service, so attorneys are rotated in and out of the 3 possible ad spaces.

The truth is, any attorney who signs up and has a license and an office and no criminal background can get the ads. There is a basic business check done with Pinkerton.

The background check sounds odd. That’s probably because these ads initially rolled out to plumbers, locksmiths and other home service providers. A background check makes sense for people entering your home.

Keep Our Phone Number Handy.

If you called us using one of these ads, you should know that Google uses a call tracking number. Call tracking numbers are temporary. If you need to contact us again in the future, you will need the phone # from the top of this website.

You May Not Find the Same Attorney Twice.

Remember, ads are rotated. Only 3 ads display. If there are 100 attorneys using the ads, the chances of you finding your lawyer a second time via searching Google are very slim. If you call a law firm via “Google Screened” ads (aka Local Service Ads), be sure to remember the name of the firm. That way, you can search for the firm name again in the future if you didn’t get their phone number.

Expect More Ads?

While these ads rolled out for personal injury attorneys in August 2020, you will likely begin seeing them for more niches here in the Philly area for other professions such as real estate agents, family attorneys, workers’ compensation lawyers and more. They’re especially useful for vetting home service providers.

Remember, the ads cost the advertiser each time you call your attorney through the ad, so store their phone number on your phone if at all possible.


Halloween 2021: Trick or Treat Laws in Pennsylvania

Halloween pumpkins in a field in 2021We hope that everyone has a safe and fun Halloween here in Philadelphia and throughout the entire state of Pennsylvania. Because of COVID-19 things are looking a little different now, but popular Halloween events across Pennsylvania such as the Terror Behind the Walls haunted tours event at Eastern State Penitentiary have been able to once again reopen.

Is Trick-or-Treating Allowed This Year?

The CDC still recommends avoiding high-risk activities but has okayed traditional trick-or-treating where treats are handed out door to door. With the opening up of the country due to steadily rising vaccination rates communities can resume trick-or-treating. It is still recommended that precautions are used such as individually wrapped goodie bags for families to grab and go, maintaining social distancing or wearing a mask when this is not possible.

The state of Pennsylvania is allowing trick-or-treating to take place, but still reminds it’s residents to be mindful.

Here are our tips for trick or treating during COVID-19:

  • Avoid trick or treating in large groups, only go with your household
  • Wear a mask that covers the mouth and nose if you are going to be with six feet of others
  • Keep your distance from other groups when going from house to house
  • Use hand sanitizer frequently while trick or treating, and wash hands when you get home

With safety at the forefront of people’s minds, it is important to understand PA trick or treat laws to keep your little ones safe, but also to protect your home from possible property liability issues.

Scares, trick-or-treating, and pranks are keys to Halloween fun, but when people get startled, they might get injured or injure somebody else. That’s especially true for children and teens. That’s why you might want to learn a little bit about Pennsylvania premises liability law. Along with anybody who comes onto your property trick-or-treating, you’ll want to keep your family safe too during the fright fest.

Below are a few things parents of trick-or-treaters and homeowners should be aware of when it comes to trick or treating in Pennsylvania in 2021.

Halloween 2021 trick or treating laws - Pearce Law FirmWhat Type of Visitors Are Trick-or-Treaters?

The law in Pennsylvania classifies people who come onto your property as invitees, licensees, or trespassers. Invitees are there for a commercial purpose. You might have invitees at your home if you run a business out of it, ie. a home hair salon. Licensees are social guests. However brief their visit, Halloween trick-or-treaters are typically categorized as licensees. If you’re giving out treats, you’re allowing visitors onto your property for that purpose. If you’re hosting a Halloween party at your home, your guests would also be licensees. Then there are the trespassers. Those are the people who have no permission to be on your property.

Licensees vs. Trespassers on Halloween

For purposes of the safety of the general public, most municipalities in Pennsylvania set trick-or-treating hours. In Philadelphia, Halloween’s start time is recognized as 6:00 pm. Although frequently during a Saturday or Sunday trick-or-treating happens from the afternoon into the early evening. They often end sometime before the sun goes down. In this way, it deters older teens from being out causing troubles. There is no official trick or treating age limit law in Pennslyvania, although generally speaking 14 years old is considered the cut-off.

Any trick-or-treaters coming onto your property before or after these specific hours might be classified as trespassers.

The Duty of Homeowner’s to Trick-or-Treaters in Pennsylvania

Assuming that you’re permitting trick-or-treaters to come onto the property you own or occupy, there’s a duty incumbent on you to keep your property in a safe condition. That’s because trick-or-treaters expect your property to be reasonably safe. If a trick-or-treater or party guest is injured by a dangerous condition on your property that you knew or should have known about, and you failed to remedy or warn of that condition, you could be held liable for damages.

A Homeowner’s Duty to Trespassers During Halloween

Since a trespasser would be on your property without your consent, you need only avoid willful or wanton misconduct towards that person or persons. That would be characterized as a reckless disregard for the trespasser’s safety. If a trick-or-treater or party guest is injured on your property it must be determined whether he or she was a licensee or a trespasser to establish liability.

Safety Tips on Halloween From An Experienced Philadelphia Personal Injury Lawyer

We don’t want to see you or your kids haunted by a serious Halloween injury that was caused by the carelessness of somebody else.

  • Make sure that the young ones wear bright clothes
  • Cross the road at marked crosswalks
  • Stay on sidewalks when going from home to home
  • Try to avoid costumes that hang low for potential tripping, or masks that cause low visibility

And as a homeowner protect yourself from liability, make sure that your walkways and premises are safe for trick-or-treaters too.

When it comes to Halloween 2021, if you or one of your family members is indeed injured as a result of the negligence of somebody else, either call us or email us to arrange for a free consultation and case assessment or call (215) 557-8686. Although, we prefer that your Halloween week be silly and scary, but most importantly safe for all of you.


Wrongful Death and Accidents Involving the Unborn in Pennsylvania

Every state has enacted its own wrongful death statute. They all vary from each other. The Pennsylvania Wrongful Death Act is found at 42 Pa. C.S. section 8301, et seq. The statute contemplates liability and compensation for the damages suffered by the family members of a person who died as a result of the negligence, recklessness or intentional act of another person or entity.

Wrongful Death of an Unborn Child

What about when an unborn child’s life is wrongfully taken? Can a wrongful death case be pursued? There are two ways that the issue arises. The first is when the mother is killed. The second way is when the mother survives, but the fetus suffers injuries that result in its death. In either scenario, Pennsylvania allows pursuing a wrongful death case if the child was viable at the time of death. Pennsylvania didn’t amend its Wrongful Death Act though. It allowed for this by a series of appellate court decisions.

What is Viability of a Child in Pennsylvania for Purposes of the Wrongful Death Act?

Pennsylvania’s legislature never took the initiative to define what a viable fetus is in a wrongful death case. The Pennsylvania Supreme Court’s controlling decision requires a viable fetus to be “capable of an independent existence at the time of death.” With the present state of medical science and technology, it’s generally agreed that a fetus doesn’t become viable until at least 24 weeks gestation with the aid of a neonatal care unit. The court didn’t mention any means of artificial support from such a unit. Without that support, every day in the womb is a day closer to independent existence.

Viability in Another Context

Viability is specifically defined in the Commonwealth’s criminal code at 32 Pa. C.S. section 3203 as the “stage of fetal development when, in the judgment of the physician based on the particular facts of the case before him and in light of the most advanced medical technology and information available to him, there is a reasonable likelihood of survival of the unborn child outside of the body of his or her mother, with or without artificial support.” That’s the Commonwealth’s abortion statute though.” The phrases “capable of an independent existence” and “with or without artificial support” are a life and world apart.

Philadelphia Wrongful Death Lawyer

If your pregnancy was terminated because your fetus died in the latter stage of development as a result of the negligent, reckless or intentional act of another person or entity, in Pennsylvania, you might be able to file and maintain a wrongful death lawsuit. We realize that such matters are highly sensitive. You can speak with a caring and compassionate Philadelphia wrongful death lawyer from our law firm about what happened to you and your child in a free confidential consultation. We’ll discuss viability and the issues surrounding it, and we’ll answer your questions too. Then, we’ll advise you on any avenues of legal recourse that might be available to you. Just contact us by phone or online for that purpose.


Who Pays for Hit and Run Accident with a Pedestrian in Philly?

Many drivers know that when they get hit by another car and are injured, that someone’s insurance company is going to pay for the damages. In Philadelphia, where hit and run accidents have soared over the last few years according to a report from 3CBS Philly, many victims are finding out that they may not have coverage for their injuries.

Woman Left on Pavement by Fleeing Driver in Critical Condition

Police say that a collision between a car and a female pedestrian left the woman in critical condition Wednesday, June 10, 2020, around 10 pm. The accident happened at 74th Street and Ogontz Avenue in the West Oak Lane area of the city.

The driver of the car fled the scene, and police are asking anyone with information about the incident to call them. The woman was taken to Einstein Medical Center where she was listed in critical condition.

Hit and Run Liability

The vast majority of accident injuries are paid for by auto insurance policies of the at-fault driver. In a hit-and-run, if the at-fault driver is never caught, then determining the insurance company involved will be impossible.

This can leave the victim holding the bills unless the driver can be found. In some cases, the victim—even though a pedestrian—can make a claim on their own policy if they have provisions like medpay or uninsured and underinsured motorist’s coverage. These can be used because the accident did involve a car, just not the victim’s car.

What to Do if You Were a Pedestrian in a Hit-and-Run

The best thing to do after a hit and run accident is to try and stay calm. If you think can do some things safely, then do what you can.

  • Get to safe place to avoid second hit
  • Call 911 if you have a working phone
  • Get a license number
  • Description of the person and vehicle
  • Location of damages on the car
  • The direction the car fled
  • Get pictures of the area and of your injuries, if possible
  • Get names of any witnesses and any information they have about the incident
  • Do not follow the driver

Many times it’s impossible to do all or any of these. You have to make the best decision for you at the scene, and remember your safety comes first, so don’t try any of these if it will put you in more danger.

When you are treated, the next best thing to do is to contact an attorney who can help you with your claims. At The Pearce Law Firm, Personal Injury and Accident Lawyers, P.C., we know where to look for compensation coverage for a hit and run accident. We know how to deal with the insurance company including yours if you have the right coverage. Call us soon before you speak to anyone from an insurance company or from their lawyers.

Contact a Philadelphia Auto Accident Lawyer.

After any accident involving a serious injury, contact a highly rated Philadelphia Auto Accident Lawyer such as Edith Pearce. Unlike the huge firms with dozens of attorneys and many different attorneys handling different aspects of your case, Edith Pearce is personally involved in every case that we handle. She genuinely cares about her clients and you will not be treated like just another case or file.