Philadelphia Top Injury Lawyer Blog

As a Philadelphia injury lawyer, I was interested to see a Third Circuit decision that could change how federal courts in Pennsylvania determine jurisdiction in personal injury cases involving more than one state. In Washington v. Hovensa LLC, Gloria Washington sued Hovensa and Triangle Construction and Maintenance, Inc., after Triangle employees working on Hovensa property in the Virgin Islands injured her. Washington owned a home in Texas but was back in the islands for work. The district court dismissed her suit for lack of subject-matter jurisdiction, saying she was properly a Virgin Islands resident, not a Texas resident. The Third reversed that and remanded it, saying the district court did not give enough weight to her intent to return to Texas.

Washington worked for Sabine Storage Operations, a Texas company that sent her to the islands to work as a pipe inspector for an indefinite period of time. She had been born in St. Croix and had family in the islands, who she saw regularly while she was there. She owned a home in Baytown, Texas and had rented an apartment in the islands. She had not returned to Texas for several months before she drove onto Hovensa's property, where she was assigned to work at a Hovensa refinery. She drove her rental car past a site where Triangle employees were conducting sandblasts that she said were improperly supervised and used faulty equipment. She sued Triangle and Hovensa in Virgin Islands federal court, based on diversity of citizenship. The defendants moved to dismiss for lack of diversity, arguing that Washington was a VI citizen, not a Texas citizen. The district court granted this, overriding an affidavit by Washington stating her intent to return to Texas. Washington appealed, repeating her intent to return to Texas when the assignment was over.

The Third Circuit started by noting that caselaw requires courts to presume in favor of an old domicile over a new one, although the person seeking diversity (in this case, Washington) still has the burden of proof. It's not clear that the district court took that into account, the Third said, despite the list of facts weighing in favor of finding that Washington lived in Texas: home ownership, driver's license, doctor, vehicle registration, mobile phone and bank account. The Third acknowledged that Washington's affidavit was "self-serving," in that it could easily have been engineered to give Washington the outcome she preferred. But it did not see why the district court relied on the Third Circuit's own 1968 decision in Korn v. Korn, a decision that said affidavits must be disregarded as self-serving -- but only when they are contradicted by inconsistent behavior. Because Washington's behavior has not been inconsistent, it said, the district court was wrong to disregard her affidavit. It also wrongly disregarded certain evidence, the court noted. Thus, it reversed the district court and remanded the case.

This case is mostly about jurisdiction, not the injury to Washington, so one might wonder why a Philadelphia accident lawyer like me would be interested. As it happens, where a lawsuit is heard can make a big difference. In this case, because the Virgin Islands is a relatively small community, Washington might feel that her chances of objective treatment are better in the federal courts than in Islands courts, whose judges might socialize with business leaders from Hovensa and Triangle. Federal court might also be more advantageous if federal law offers causes of action or rules of court that state law does not have. When the connection is strong, as with Washington's connection to Texas, this practice can offer injured people an opportunity to make the strongest case they can to hold the negligent party financially and legally accountable.

Continue reading "Third Circuit Rules Courts Must Consider Intent to Return to Another State When Deciding Jurisdiction - Washington v. Hovensa LLC" »

When it comes to work injuries and accidents as well as occupational hazards, the coal miner has become a poster child. This week, the Philadelphia Inquirer went six miles deep to report from a coal mine in southwestern Pennsylvania, the kind of many Philadelphia residents and US citizens forget even exists. Pennsylvania is still quite the coal producer and was in fact the fourth largest U.S. coal producer in 2008.

Pennsylvania is at the forefront as coal, wind, and solar power battle it out to become the key energy industries of the future. In the mean time, several US workers in Pennsylvania and the surround states go to work as coal miners, power plant workers, solar panel and wind turbine builders, etc.

Today's challenge of improving the coal industry and creating alternative energy sources, has put some US workers back to work, but it is important for us to remember the day to day occupational hazards the men and women in the coal and energy industry can face. While environmental and emissions regulations continue to be scrutinized, it is also important for us to remember our country's energy workers and how we can keep them as safe as can be from work related accidents and occupational hazards.

If you or a loved one has sustained a work injury of has had an accident in the workplace, call a Philadelphia injury lawyer today. A Philadelphia injury lawyer can further on advise you on the next steps to take towards getting the compensation you're entitled to.

A gas and water main break at the 6900 block of Torresdale Avenue in Philadelphia occurred last night around 7.19 p.m. and turned out to cause much more destruction than ever expected. The leak caused a 50 foot tall fireball to explode resulting in a three alarm fire. The blast set fire to at least two homes and several cars including a PGW truck. The horrific incident, according to one witness, caused homes in the neighborhood to shake and sknocked a man over who was standing next to him.

Several firefighters were injured in last night's gas explosion and sadly, the blast has left one 19 year old PGW worker dead. Several Philadelphia residents lost all of their belongings as a result of the leak and resulting fire and fire ball explosion. Those injured were treated at Torresdale Hospital. At least one victim was taken to the burn center having suffered serious burns. Fortunately several dozen residents as well as individuals who were working at nearby businesses were evacuated from the surround structures as soon as authorities were aware that the water main had been breached.

The cause of the Philadelphia, Pennsylvania gas explosion is still underway while several alarmed residents are wondering just who is responsible for this tragedy. Similar incidents have been linked to a gas company's failure to accurately install, maintain, or replace gas mains. If you are the victim of this tragic accident or a similar accident in which you were injured, contact a Philadelphia injury lawyer or a Philadelphia accident lawyer right away.

An accident on a Pottstown school rooftop has left one roofing worker dead while leaving another worker injured. The two men sustained their injuries while working at the Hill School at Chestnut and Sheridan streets at approximately 11 a.m. on the morning of November 1st. The two workers, whose names have not yet been released, were employed by Richard L. Sensenig Roofing and Industrial Metals of Ephrata according to reports.

As the two men began to perform routine maintenance on the building, the roof on top of the school's power plant collapsed. Both workers fell through, leaving them trapped inside a confined space for hours. Eventually, company cranes were able to lift them out under the supervision of the Pottstown Fire Department. While unfortunately, one worker was deceased upon excavation, another worker was taken to a Reading area hospital according to reports with serious injuries.

It is an unfortunate reality that accidents like this happen every day as all occupations come with their own unique occupational hazards. If you have experienced the loss of a loved one through a similar accident, it is essential that you contact a Philadephia accident laywer to ensure that you are covered when it comes to receiving all that you are entitled to. If you have sustained an injury while working, ensure your rights are protected by contacting a Philadelphia injury lawyer.

Two Pennsylvania natural gas workers suffered serious personal injures and were flown to Robert Packer Hospital in Sayre for treatment following a construction accident at a drilling site in northern Pennsylvania. One worker suffered broken ribs and the other suffered lacerations to his skull caused by a flying piece of metal when a pipe coupling blew apart at a Tioga County natural gas well operated by Ultra Resources. The U.S. Occupational Safety and Health Administration is investigating.

This serious Pennsylvania construction accident comes on the heels of a natural gas well blowout in central Pennsylvania earlier this month. While, fortunately, no one was injured in that construction accident, explosive natural gas and toxic wastewater spewed into the air, polluting nearby land for 16 hours before EOG Resources workers could bring the blowout under control. Safety concerns sparked by the blowout caused Pennsylvania regulators to halt work at 70 other natural gas wells under construction by EOG Resources.

Natural gas drilling is an admittedly hazardous profession which makes adherence to safety standards and practices all that much more vitally important to protect the health and safety of construction workers. As recent incidents illustrate, construction workers face the risk of serious personal injury every time they step on the job site. Companies that fail to protect their workers' safety can be held liable for workers' injuries. Just a few of the many negligent activities that can contribute to Philadelphia construction accidents include:

• Inadequate or incompetent supervision
• Defective or poorly maintained equipment
• Negligent drilling, blasting or tunneling procedures
• Unprotected openings
• Improper scaffolding procedures
• Improper handling of gases or chemicals
• Failure to maintain access areas
• Insufficient bracing or support of structures

The complexity of Philadelphia construction accident claims requires expert investigation by knowledgeable Philadelphia personal injury lawyers experienced in pursuing construction accident claims.

Last night's Presidential message brought home the extreme danger and devastation possible when man drills into the Earth to tap its vast store of natural resources. Eleven BP workers lost their lives in the horrific Deepwater Horizon drill rig explosion in the Gulf of Mexico. Recent news reports make it clear that those lives were put at risk by faulty and negligent safety practices at BP and abysmal oversight by federal regulators. While repercussions from the Gulf Coast tragedy will eventually reverberate here in Philadelphia, distance makes the suffering experienced on those distant shores feel remote. However, the threat of disaster exists closer to home than many Philadelphians would expect.

Tragedy in Philadelphia's own backyard was narrowly averted last week when a blowout occured at a natural gas drilling site in rural western Pennsylvania. The construction accident 100 miles from Pittsburgh had the potential to create a massive explosion. While the drill site did not catch fire, the construction accident sent 35,000 of gallons of explosive natural gas and toxic drilling fluid shooting 75 feet into the air. It took EOG, a Huston-based drilling company, nearly 16 hours to repair the blowout and halt the flow.

A similar construction accident at a West Virginia natural gas drill site resulted in a fireball that injured seven workers last week; and an natural gas blowout at a Texas site killed one worker and hospitalized two workers with serious burns.

The recent natural gas blowout is not the first time EOG operations have resulted in Pennsylvania construction accidents. Last September two spills on EOG sites were caused by faulty piping connections, and a third spill was attributed to a ruptured hose.

Philadelphia construction companies are responsible for their workers' safety and for maintaining construction equipment in good repair. If you are involved in a construction accident, a Philadelphia personal injury attorney can investigate and make certain that your rights are protected.

New federal rules targeting lead paint dust highlight a serious personal injury threat for Philadelphia residents contemplating a home remodeling project. Beginning April 22, new Environmental Protection Agency (EPA) rules will require that all contractors be certified and trained in safe methods for reducing job site dust. The new rules apply to any remodeling or construction job with the potential to release paint dust into the air. Training and new safety measures are expected to add $8 to $167 to the cost of interior remodeling projects, more for exterior jobs.

From window replacement to major projects like a room addition or kitchen rehab, most remodeling projects create large quantities of construction dust. In homes painted with lead paint, even if that paint has been covered over with lead-free paint, construction dust will include particles of lead from old paint. When breathed in, these lead particles can cause brain damage; behavioral, learning and growth difficulties; hearing problems; and headaches in still developing children. Lead dust can cause reproductive problems in adults, nerve disorders, muscle and joint pain, high blood pressure and memory loss. Although lead paint was outlawed in 1978, the EPA has linked many recent cases of lead poisoning personal injury to remodeling projects.

Nearly all Philadelphia homes built before 1940 (87%) were painted with lead paint. From 1940 to 1960 as newer paint formulas were developed, the EPA estimates that lead paint was used in 69% percent of homes. That figure dropped to 24% from 1961 to 1978 as the dangers of lead paint were discovered. Since its discontinuation in 1978 no U.S. homes have been contaminated with lead paint. However, particularly in older homes, the danger of serious personal injury persists when old paint is uncovered during remodeling.

Manslaughter charges were filed in New York this week that point to a potentially worrisome Philadelphia personal injury issue. Two construction workers died in a May 2008 construction accident when a giant construction crane fell apart, sending pieces of the 200-foot tall crane crashing onto the construction site and a nearby apartment building. Investigation found that the crane owner had recently had the crane repaired, hiring an obscure Chinese firm over the Internet to weld a critical component. Shortly thereafter, the weld failed, killing two workers at a Manhattan construction site. The crane owner's attempt to save money during these difficult financial times imperiled construction workers and the public.

The incident raises some serious questions for construction workers and the public. As the recession drags on, Philadelphia business owners, particularly those in the construction trades, continue to be squeezed financially. How many construction equipment owners are resorting to cheap equipment repairs or cheap parts to save money? How many construction workers are being forced to work with faulty equipment because their employers don't have the money to finance often expensive repairs?

In these difficult financial times when jobs are at a premium, particularly in the hard-hit construction trades, workers are disinclined to risk unemployment by blowing the whistle on employers who take liberties with safety standards. Workers may have no way of knowing when equipment repairs are substandard. It is even possible, though less likely, that construction equipment owners may be duped by unscrupulous repair services. Faulty construction equipment repairs could be placing Philadelphia construction workers and Philadelphia residents at serious risk of personal injury or even death should a serious construction accident occur.

When a construction accident occurs in Philadelphia, comprehensive investigation by a skilled personal injury attorney can uncover the true cause of the construction accident and determine actual fault and responsibility.

Despite the snow stacked along Philadelphia streets, it won't belong before Philadelphia homeowners are trading in their shovels for driveway squeegees. Spreading a new layer of thick, black, tarry sealant over asphalt driveways is an annual right of spring in Philadelphia. In use for more than 50 years, driveway sealant helps keep asphalt from cracking and crumbling, extending the life of asphalt driveways and parking lots. However, a new study reveals that using coal tar-based sealants could present a product liability issue that endangers the health of Philadelphia families.

The U.S. Environmental Protection Agency is investigating recent studies that have found dangerous levels of toxic compounds in many commonly sold driveway sealants. Driveway sealants are made from either petroleum or coal tar. While petroleum-based sealants have not been targeted, coal tar-based sealants can contain dangerous concentrations of toxic polyaromatic hydrocarbons, or PAH. Carried into homes on the bottoms of shoes by weekend warriors, PAH breaks down and becomes part of the household dust you breathe every day. These toxic compounds do additional damage to the environment when tiny grains of sealant are dislodged by car tires, brooms or snow shovels and carried into streets where rain water eventually washes these lethal compounds into Philadelphia's streams and rivers.

In a 2009 study conducted by the U.S. Geological Survey, the level of PAH found in household dust inside apartment buildings where parking lots were coated with coal-tar sealant was 25 times greater than normal. Published in the January 2010 issue of the Environmental Science and Technology journal, study authors expressed concern about the effect of PAH particles and dust on babies and crawling toddlers. Increased PAH in household dust could cause personal injury to asthmatics, the elderly and those suffering from pulmonary ailments or lung disease.

If you are concerned that you or a family member may have suffered personal injury from breathing PAH dust from driveway sealant, schedule a free consultation with a Philadelphia personal injury lawyer to investigate your rights.

If you work in Philadelphia's construction industry, you could have a one in 10 annual chance of suffering an accident that results in a serious injury. More than 135,350 construction-related accidents were reported to the National Institute for Occupational Safety & Health (NIOSH) in 2007, 1,178 of them fatal. The majority of injured workers were in their prime earning years between the ages of 25 and 34. The bulk of the construction injuries reported were to the back or truck with leg and arm injuries being the next most numerous. The average length of time injured Philadelphia construction workers were off the job was a minimum of 31 days. The greatest number of injuries resulted from falls or injurious contact with construction equipment.

Despite safety rules and regulations, construction work is among the most dangerous jobs. Hundreds of Philadelphia construction workers are injured every year and, tragically, some die each year in Philadelphia construction accidents. Workers' compensation and insurance benefits can be complex and take time to collect. Often cause and responsibility for the accident affect who pays. Decisions about who pays for an accident can get bogged down in complicated job contracts and subcontracts, leaving the ailing construction worker and his family without the resources they need to pay medical and household bills. When Philadelphia construction accidents result in disability or loss of life, benefits may not begin to cover the individual or his family's loss.

A Philadelphia personal injury lawyer experienced in investigating construction accident claims may be the only way to protect yourself and your family. A highly experienced and knowledgeable Philadelphia construction accident attorney with years of practical experience in Philadelphia courts has the best opportunity of discovering information vital to your case.