Pennsylvania Injury Lawyer Blog

Recently, attorney Bernard Smalley from the personal injury law firm of Anapol Schwartz sat down with CNN to discuss his participation in a wrongful death case involving a 41-year-old woman who died in an abortion clinic in West Philadelphia.

The woman died in November of 2009 after she overdosed on anesthetics prescribed by the doctor of the abortion clinic. The woman, who was a mother of four as well as a grandmother of one, was 19 weeks into her pregnancy. She received a referral from a medical clinic in Washington, D.C., and went to the West Philadelphia practice. According to Mr. Smalley, who represents the woman’s family, an unlicensed high school student gave the woman anesthesia, after receiving instructions from the doctor over the phone. When things went wrong, there was not equipment present to resuscitate her. Now, the doctor faces third-degree murder charges for the woman’s passing. The woman’s family has filed a lawsuit against the doctor seeking damages.

Mr. Smalley states, “These children have to grow up without their mother, you have a husband who is going to have to go on without his wife. There will be justice at the end of the day, but at what price? They’ve lost a loved one who can never come back.”

According to Mr. Smalley, 20 years ago he brought a similar case of negligence against the doctor, yet the man continued to practice. In addition to the woman’s wrongful death, the doctor also faces seven first-degree murder charges for the deaths of infants.

Wrongful death and medical negligence claims can be highly complex. However, an attorney with years of experience handling these types of cases has the legal resources and knowledge to gather appropriate evidence and build a strong case.

Bernard W. Smalley, Sr. has practiced law in Pennsylvania for over 30 years, and concentrates on helping those injured and family members of those killed because of medical negligence and other personal injury-related causes. To learn more about the many accomplishments of Mr. Smalley, and the successes of personal injury law firm Anapol Schwartz, visit http://www.anapolschwartz.com.

It is understandable for an attorney to have a lot on their mind when taking on a case, particularly one that involves an injury to a U.S. resident that occurred in another country. Travel injury litigation presents certain challenges that most other personal injury cases do not. Mark J. LeWinter and Jeffrey S. Downs of Anapol Schwartz recently discussed these issues in a Legal Intelligencer report. According to the article, about 40 million U.S. residents travel overseas and to destinations like Canada and Mexico. An unfortunate reality of such trips, however, is that accidents and injuries can occur because of various forms of negligence, oversight, or fraud.

To ensure that a tourist injury case is handled efficiently, an analysis of the following is necessary:

• Foreign systems of law


• Merits of claims


• Jurisdiction


• Statute of limitations


• Conflict of laws


• Potential role of travel and tourism destination companies

While these points may seem simple enough, there is a lot more to consider with international travel marketplace litigation to ensure that legal malpractice does not take place. For instance, if a travel agent or travel destination company did not appropriately handle a client’s safety and the tourist suffers injury as a result, a case can become more complex. A lawyer representing a U.S. citizen who was injured in another country is expected to examine and analyze claims that a foreign citizen’s conduct, product, or other factor may have contributed towards the injury.

If an attorney is aware of the specific challenges that come with matters surrounding the injured tourist litigation process, they can establish an effective and ethical litigation strategy.
Mr. LeWinter and Mr. Downs have obtained many successful case results for U.S. citizens injured due to another person’s negligence abroad and while traveling in Mexico and the Caribbean. To find out additional information about their successes and the accomplishments of the Pennsylvania personal injury law firm Anapol Schwartz, please go to www.anapolschwartz.com.

According to MSNBC, a gas main exploded in the Tacony neighborhood of Philadelphia, PA on Tuesday evening, January 18, killing one person and injuring five others.

The article states that a gas and water main break was reported around 7:19 p.m., and the explosion occurred a little over an hour later, around 8:30 p.m. Witnesses at the scene of the Pennsylvania explosion accident said the explosion caused a fireball 50 feet high and shook the houses in the neighborhood. At least two homes caught fire, as well as a Philadelphia Gas Works (PGW) truck. Nearby businesses and homes were evacuated due to the gas explosion accident. The fire was under control shortly before 11 p.m.

As a result of the explosion accident, one PGW worker was killed and four other PGW employees were injured, as well as a firefighter. The injured victims were taken to Torresdale Hospital, and a spokesperson for the hospital states that four victims are in critical condition. Additionally, one victim has been relocated to a burn center.

Authorities are investigating the accident, and the exact cause of the blast is unknown at this time. Other explosion accidents have been traced to improperly installed or maintained gas mains. There are federal rules and regulations regarding the upkeep of gas lines, which should be checked regularly by a gas company for any signs of corrosion or other problems so repair can be prompt. When these safety measures are overlooked, a catastrophic, fatal explosion accident can ensue. If a company or employer disregards the security of their workers as well as persons residing or conducting business near gas mains by failing to adhere to regulations, they can be held liable for any deaths or injuries that result from an explosion accident.

Often serious fires stem from a gas explosion accident, which can cause those nearby to sustain severe burn injuries. Burn injuries can be extremely painful, and victims may require extensive medical treatment, such as skin grafts or other surgeries. A Philadelphia gas explosion burn injury attorney can help victims injured in an explosion accident understand what legal options are available when pursuing compensation for their injuries and other related expenses. Call 1-866-735-2792 to schedule a free consultation with a lawyer from the reputed law firm of Anapol Schwartz today.

A recent article on PennLive.com highlights the effectiveness of Pennsylvania’s vehicle inspection program. On average, about 11 million motor vehicles are inspected by mechanics in the state. Recently, the state’s neighbors, Washington D.C. and New Jersey, have ceased their inspection programs, citing that irrefutable evidence does not prove that they are essential. However, Pennsylvania state officials believe otherwise.

A 2009 report ordered by the Pennsylvania Department of Transportation (PennDOT) concluded that research clearly demonstrated that the state’s Vehicle Safety Inspection program is successful and saves lives. According to the report, without the inspections, the number of fatal traffic accidents in Pennsylvania would potentially increase by between 127 and 169 every year.

Safety inspections are mandatory in less than 20 states in the U.S., which is down from a peak of about 31 several years ago. In 1976, the federal government lost its ability to enforce safety inspections on the states, and soon after, states began to abandon the safety inspection programs. At this time, Pennsylvania does not have any plans to stop its inspection program, a spokesperson for PennDOT states.

An additional study by Missouri, which does require vehicle safety inspections, found that one in 120 fatal accidents in the state involved a vehicle defect between 2006 and 2008. In contrast, one in 84 fatal crashes involved a vehicle defect in states that do not require safety inspections or have limited safety inspections.

The cost of a vehicle safety inspection in Pennsylvania varies, and a spokesperson for PennDOT notes the cost is driven by the market, and not the state. The average cost of an inspection runs from around $16 to $23. Adding to the cost is emissions testing, which costs about $40. In total, it is estimated between $267 and $621 million is paid by New Jersey residents to have vehicle safety inspections completed.

Thankfully, Pennsylvania has chosen to do its part to protect the safety of all motorists on the road by requiring state residents to have their motor vehicle inspected on a regular basis. These inspections help reduce the number of unsafe vehicles that are on Pennsylvania roads, which helps prevent fatal traffic accidents. Although the state’s Vehicle Safety Inspection program does not guarantee that all unsafe, defective vehicles will be prevented from use; anyone who is injured in an accident involving a vehicle that malfunctioned or has a flawed design would be advised to consult a Media, PA auto product liability attorney to learn their legal rights. Contact the lawyers at Anapol Schwartz today for a free consultation.

The Pittsburgh Post-Gazette reports a fatal Pennsylvania car accident occurred early Tuesday morning, January 11 on the McKees Rocks Bridge that claimed the life of a 68-year-old woman.

According to the article, the crash happened just before 7 a.m. A 55-year-old male driver was driving a Ford Explorer and crossing the bridge. Police state the man swerved into the opposing lane of traffic and struck the Toyota sedan in which the woman was a passenger head-on. While the Pennsylvania car crash is still being investigated, police believe the male driver swerved into oncoming traffic to attempt to pass a tractor-trailer that was in front of his vehicle.

The woman was taken to Allegheny General Hospital where she was pronounced dead. The man as well as the driver of the sedan sustained only minor injuries.

It is a sad fact that many motorists often drive recklessly, aggressively, or distracted and when they do so, they put others on the road at great risk. The National Highway Traffic Safety Transportation (NHTSA) reports that 33,808 people lost their lives in traffic accidents in 2009 in the U.S. Another 2.22 million people were injured as a result of these crashes. In Pennsylvania, there were 1,256 fatalities in traffic accidents in 2009, and thousands more were injured.

It is the responsibility of all motorists to drive with the utmost care to ensure their safety and the safety of others. If a motorist fails to drive safely and a crash results because of their negligence, they can be held legally responsible for any injuries and damages that their actions caused.

At Anapol Schwartz, our Pennsylvania car accident lawyers offer their legal skills and experience to anyone who has been injured in a car collision in Pennsylvania. If you have suffered an injury as a result of a car crash caused by another driver’s negligence, contact our law firm. Call 1-866-735-2792 to schedule a free consultation with one of our knowledgeable attorneys.

According to WPXI.com, a workplace explosion accident occurred at a copper plant in Leetsdale, PA on Tuesday morning, January 11. Three workers were injured.

At about 9:30 a.m., an explosion occurred at the Hussey Copper plant on Washington Street. The blast caused a small fire that was immediately extinguished. Leetsdale Police Chief James Santucci reports the three workers were in a blast furnace area and the explosion was caused when water spilled beneath ingots during the copper-making process. The explosion was minor; however, two of the victims were taken to a local hospital via ambulance for treatment of their injuries. One victim sustained burns and the other a head injury because of the accident. The third person injured was the most critical and was airlifted to a different hospital with burns on roughly 25 percent of his body, with burns to his face, legs, and arms.

According to the Bureau of Labor Statistics, in 2008 there were 173 workers who lost their lives in explosion and fire accidents while on the job. On average, another 5,000 employees are injured in workplace explosion and fire accidents every year. Injuries sustained in these accidents can be severe, and can include but are not limited to:

• Broken bones and fractures;


• Head injuries;


• Internal bleeding;


• Loss of hearing and sight;


• Muscle damage;


• Severe burns; and


• Toxic gas exposure.

If the proper procedures and safety regulations are followed, and employers properly train workers regarding safety and enforce rules about them, the chances of an explosion accident occurring are small. However, when safety regulations are not followed or enforced, workers are unnecessarily put in greater danger of suffering serious injuries, many of which can be fatal. Pennsylvania workers’ compensation laws are in place to provide financial coverage to injured workers following an injury at work. Unfortunately, oftentimes employers will deny an employee’s injury occurred at work, and it can be difficult for a victim to receive adequate compensation.

If you have been injured in a workplace accident in Pennsylvania, it may be in your best interest to consult with an experienced Philadelphia workers’ compensation lawyer who can advise you on your legal options and the best course of action for your specific situation. Call 866-735-2792 to schedule a free consultation with one of our attorneys at Anapol Schwartz today.

The Pittsburgh Tribune-Review reports that Pennsylvania State Police have issued a winter weather warning to drivers to be cautious of slippery, icy roads after snow and falling temperatures appear to have been a factor in several traffic accidents recently. Heavier snow is expected to fall over the next few days with an approaching storm front.

In an advisory sent out, state police cautioned motorists to avoid unnecessary travel; however, if driving was required, they urged motorists to be careful, particularly on ramps and bridges, which usually freeze quickly and can accumulate more snow than other sections of a road.

The following driving safety tips are for all motorists, not just those driving passenger vehicles, who travel during the winter season, suggested by the Pennsylvania Department of Transportation:

• Always travel with your gas tank at least half full.


• Avoid suddenly stopping.


• Be careful of roads that look wet, but are actually frozen.


• Before driving, clear ice and snow from your vehicle’s windows, mirrors, and lights.


• Do not use cruise control when driving on snowy roads—this can decrease your reaction time if something occurs suddenly.


• Drive slower than usual and increase the following distance between your vehicle and others on the road.


• Drive with your headlights on so other motorists can see you more clearly.


• Have your cell phone as well as a winter emergency travel kit, with items such as matches, jumper cables, flashlight, first aid supplies, blankets, and more.


• If you become stranded, stay in your vehicle until help arrives. You should run your vehicle’s engine about every hour, but be certain the tailpipe is not obstructed and keep a window that is downwind open.


• Let someone know that you are traveling somewhere and when you expect to arrive; in case of an emergency, someone will know where to look for you.


• Of course, always wear your seatbelt.


• Use low beams in bad weather, such as heavy or blowing snow.

Planning ahead can help prevent winter weather traffic accidents. Unfortunately, however, many motorists do not use caution when they drive, which puts themselves and all others on the road at risk. The Philadelphia motor vehicle accident attorneys at Anapol Schwartz provide legal assistance to those who have been injured in car, truck, motorcycle, and pedestrian accidents in Pennsylvania caused by another’s negligence. If you have been injured in a traffic accident in Philadelphia, our lawyers will help you understand your legal options and explain what compensation may be available to you. To learn more, contact our law office today by calling 1-866-735-2792.

PennLive.com reports new information has been released regarding the tragic trench collapse last month in Newberry Township in York County that killed one man and seriously injured another.

In March of 2009, red flags were raised when county inspectors from the York County Conservation District discovered erosion-control problems with the project for stormwater drains. The site was owned by Eclipse Builders Inc., and a spokesperson for the company said work was being done on the 3.5 acre site for future development. The company alleges inspectors were concerned with the site in particular because it had once been a junkyard, and report it took 27 months to obtain a permit to work on the land.

According to county records, inspectors had visited the property seven times to ensure runoff was not draining into Fishing Creek, which eventually drains into the Chesapeake Bay, and were not related to safety matters. However, each inspection discovered some form of failure in erosion controls. A county report states that Eclipse Builders Inc. did not initially submit an erosion and sedimentation control plan, but did so in June of 2010, which was then approved in July. Afterwards, inspections noted that earth disturbance activities were still in violation of state laws. However, a review of the most recent inspection report shows that the majority of the conditions had been met. Two days before the trench collapse, county inspectors visited the site, but the trench had yet to be dug.

According to the U.S. Occupational Safety and Health Administration (OSHA), the fatality rate for excavation work is about 112 percent higher than the fatality rate for general construction, which is already among the most dangerous occupations. While the specifics of the York County trench collapse accident have yet to be known, OSHA recommends that employers take extra safety measures regarding trench and excavation work at construction work sites, which includes but is not limited to:

• A ladder or other means of escape from a trench should be in place.


• A person who is deemed competent is required to inspect all trench work daily. If any evidence of a slide or cave-in is present, all work must stop immediately.


• Excavation equipment and material used for excavation is required to be put at least two feet away from the edge of the trench.


• If heavy equipment will be operated next to a trench, extra precautions must be taken because of the extra weight placed upon the ground.


• The sides of a trench are required to be slope sheeted, braced, or shored in unstable material.


• Water is not permitted to accumulate in a trench.

The Philadelphia construction accident attorneys at Anapol Schwartz understand the many difficulties and financial burdens a construction worker and their family faces after a serious injury at a construction site in Pennsylvania. We work hard to ensure those who have been injured while on the job are adequately compensated for any losses they have suffered as a result of their injury. If you have been seriously injured at a construction site in Pennsylvania, please call our law office at 1-866-735-2792 today to schedule a free consultation.