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June 2013 Archives

Employers Beware: Are your Employees Using Cell Phones While Driving?

Each year, hundreds of thousands of serious and sometimes fatal car crashes occur as a result of "distracted driving." For the majority of these crashes, the cause of the distraction was due to mobile phone use behind the wheel. And, despite the fact that the effect and level of the distraction have been compared to that of driving under the influence, as a society, the serious dangers associated with distracted driving do not seem to have fully set in. Similarly, the serious legal issues surrounding an employer's possible liability from distracted driving by its employees have generally gone ignored by Pennsylvania employers. The fact remains that the costs associated with distracted driving crashes are far-reaching and almost limitless in value.

The Parent/Child Waiver that Wasn't (Entirely)

Fear not parents - it turns out the countless school, church, and athletic club waivers, shoved under your nose for your immediate and ever-lasting signature, actually have very little effect in the Commonwealth of Pennsylvania.  In Pennsylvania, the potential right of a child to bring a lawsuit for injuries suffered is considered the personal property of the child, and cannot be bargained away by the parent.  "But, what about when my child also has to sign," you say?  As a minor in Pennsylvania, anyone under the age of 18 lacks the legal power to execute a binding legal contract, and therefore, has the power to declare any alleged agreement void and unenforceable.  

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