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News And Reflections On Legal Issues In Western Pennsylvania And West Virginia

What is an attractive nuisance?

While you should be able to reasonably assume that uninvited people will not come on your property in Pennsylvania, it still may happen. This is especially true when it comes to children. They do not understand property rights or what it means to trespass. Sometimes, they are lured onto your property because you have something there that attracts them. When that something attracts them and could also harm them, it becomes an attractive nuisance, according to Nationwide.

If you have an attractive nuisance on your property, the liability falls to you to ensure that nobody gets hurt, even if somebody comes on your property uninvited. A great example of such a thing is a swimming pool. Children love pools. They love the water. However, they do not understand the dangers of the water. They may wander into your yard because they see the pool and want to swim. If they can easily get into the pool, it could spell disaster. This is why there are usually laws requiring you to fence in a pool and to take other measures to ensure nobody can get to it without your permission.

Driverless cars may be shifting liability from driver to product

Recently, the first few lawsuits have been filed against driverless vehicle makers. There have been instances of autonomous vehicles colliding with pedestrians, motorcyclists, other vehicles during both testing and operational phases. Many of these incidents led to significant pain and suffering, serious injuries and in some cases, death.

The question soon arises of who is at fault? Is it the vehicle manufacturer, driver, or another third party involved?

What's the safest flooring for your business?

There are many aspects that go into starting a business in Pennsylvania. From marketing to hiring the right employees, you are probably making decisions constantly to get things up and running. However, one area you cannot forget about is your store. As you put it together, you need to keep safety in mind. Every choice you make could impact the safety of your customers, nothing more so than the type of flooring you choose. To choose the safest flooring, you need to look over your options and the pros and cons of each.

Looking first at carpet options, common choices are broadloom carpet and modular tiles. According to Milliken Flooring, carpet, in general, helps to cut noise and will not be slippery. The downside with carpet is that it is more difficult to clean than other options. You will have to make sure it is swept often and deep cleaned regularly to keep it looking good. Wear and tear also more easily shows up. In addition, if you have areas where carpet segments meet, they can create a tripping hazard as the carpet gets worn down.

What is a mechanic's lien?

If you are a Carnegie area homeowner, you might want to think twice before you hire someone to work on your home. If you fall behind in payments and ultimately neglect to pay them, you could have problems when you go to sell your property. 

To help protect contractors from being cheated, the law gives them the right to use mechanic's liens to ensure they receive payment, states FindLaw. Contractors are not the only individuals who can place liens on properties. However, their ability to do so helps to ensure they receive payment for services rendered. 

How home construction defects result in water leakage

A brand new Pennsylvania home or repairs to your existing home should be the last step in a long construction project. Unfortunately, if you start noticing water leaking down your walls, you may find your building project was not as complete as you thought. According to Builder and Developer Magazine, water problems have been the historical main cause of litigation of construction defects. Water leakages can occur because of any number of building problems.

It is important that contractors weatherproof windows and doors since they are points of entry for outside elements. If for any reason doors and windows are not properly weatherproofed, you might notice water stains on your wall. Typically, contractors will install flashing membranes alongside your doors and windows, but these membranes may not be accurately lapped, or they may not be installed at all. Sometimes flashing materials are not compatible with each other and one material may damage the other.

Considerations to take when buying a short sale

The real estate market can be quite complicated at times with constant ebbs and flows of properties that are full of promise. However, sometimes, buyers have to take a risk by considering homes that have been foreclosed or are labeled a "short sale" in Pennsylvania. Despite the sometimes-unsettling reputation that is tied to a short sale, if people understand what considerations to take before looking into purchasing one, they may find their decision to actually be quite successful. 

According to Bankrate, many people have the false impression that once they receive approval from their lender, they are in the clear. Unfortunately, short sales are often more complicated and require more thoughtful consideration and planning before the purchase is complete. In many cases, buyers may be looking at a price tag that soars above the mortgage balance. This daunting number can usually be negotiated, and successful real estate professionals may even be able to get the seller to consider selling the property for less than the balance of the mortgage. 

Understanding what is meant by distracted driving

You are commuting to work and thoughts begin circulating in your head about all of the things you hope to accomplish before the day ends. While you are driving to work, you remember that you need to put together an agenda for today's meeting and check your schedule to see when your son's soccer practice is tonight. It would also be nice to finish off that breakfast sitting in the passenger seat before you get to work. At Gesk Moritz LLC, we understand the debilitating dangers of distracted driving and have helped many people in Pennsylvania to become educated about how they can avoid putting their lives at risk. 

While you may be confident in your ability to multitask while operating your vehicle, this decision is incredibly risky and can result in severe consequences if you are involved in a car accident. Some of these consequences may include injuries, damaged property, legal fines and time away from work to recover. According to the Centers for Disease Control and Prevention, there are approximately 9 traffic fatalities every day in the United States because of distracted driving. 

What are some mistakes buyers make when house shopping?

Purchasing a home is a big decision that one must make carefully. Mortgage rates are at an all-time low and everyone is rushing to find the perfect place. According to Realtor Magazine, 145,800 people purchased homes in 2017. 

Buying a home in the Carnegie area is ultimately one of the biggest investments you can make. Regardless if you are a first-time or repeat buyer, review the following suggestions on mistakes to avoid. 

Is medical attention after car accidents necessary?

Many people in the Carnegie area do not believe they need medical attention after they have been in a car accident. However, some accident victims sustain life-threatening injuries and require immediate emergency care. Others, who end up with minor injuries may need medical attention and not even know it. 

Getting medical attention after an accident may be one of the smartest things individuals can do that could ultimately help save their lives. According to, delayed car accident trauma can be hard to discern right after impact, as it can take several hours and weeks to show. Here are a few reasons why medical attention is necessary after car accidents. 

Why do I need title insurance?

Buying a Pennsylvania home is one of the biggest events in your life. It also may well be the largest and most important investment you make. That is why you want to be sure that you receive clear title to your home when you buy it.

Title is a legal term that means your home's owner'ship rights. As World Wide Land Transfer explains, you are not the first person to own your home and/or the land on which it rests. Others owned it before you, and the documents pertaining to all of those previous owners must be correct in order for you to now legally own it. For instance, can you answer the following questions?

  • Are there any gaps on your property's chain of title from one person to another?
  • Is the legal description of your property correct on all previous deeds?
  • Were any of the previous deeds executed by a minor; i.e., someone under the age of 21?
  • Are there any tax or mortgage liens that were never released or removed?