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The defendants have the burden of proving the existence of contributory negligence. Defendants must prove that plaintiff acted unreasonably under the circumstances and that her conduct was a substantial factor in causing her injuries. Hanlon v. Sorenson, 289 Pa. Super. 268, 433 A.2d 60 (1981). It is not plaintiff's burden to prove her freedom from any such negligence.
Contributory negligence can be found as a matter of law only in clear cases. Arco v. Goodstein, 265 A.2d 783 (1970); Dolin v. J.J. Newberry Company, 466 A.2d 174 (Pa. Super. 1983). There can be "no room for fair and reasonable disagreement as to its existence." Skalos v. Higgins, 449 A. 2d 601, 604 (Pa. Super. 1982.) Plaintiff is required to use only the ordinary care that a prudent person would use under the circumstances. Peair v. Home Associations of Enola Legion #751, 430 A.2d 655 (Pa. Super. 1981).
Defendants often cite the Restatement (Second) of Torts § 343A in concluding that plaintiff was contributorily negligent for an accident. Section 343A protects possessors of land from liability from "known" or "obvious" dangers, "unless the possessor should anticipate the harm despite such knowledge or obviousness."
To be "known", the danger must "not only be known to exist, but ... also be recognized that it is dangerous and the probability and gravity of the threat and harm must be appreciated." Berman v. Radnor Rolls, Inc. 542 A.2d. 525, 531 (Pa. Super. 1988), citing, Carrender v. Fitterer, 469 A.2d. 120, 124 (Pa. 1983).
What constitutes an "obvious" danger is an issue of fact for the jury's determination, requiring denial of a Motion for Summary Judgment. Brown v. Sears Robuck and Company, E.D. Pa; Hutton, J.; July 18, 1990; no. 89-3556; slip op.
"A danger is deemed to be 'obvious' when 'both the condition and the risk are apparent to and would be recognized by a reasonable man, in the position of the visitor, exercising normal perception, intelligence and judgment." Id., citing Carrender, at 123 (emphasis added.) It is, therefore, crucial to consider the perception, intelligence and judgment of a plaintiff at the time of this accident in order to determine whether the danger presented by the sign frame was "obvious" to her.
In Berman, supra, the Superior Court ruled that the trial court's refusal to charge the jury on the issues of "known" or "obvious" dangers was proper. In Berman, the plaintiff was roller skating. After he was bumped by another skater, this plaintiff lost his balance, skating through an opening in a railing onto a carpet area and down a six-inch drop off in the floor level. Ultimately he struck his head against a cabinet or shelf which protruded beyond vending machines.
The condition of the rink, the wide entrance, the six-inch drop off and the placement of the vending machines were all apparent. None of the conditions were concealed in any way. Nevertheless, the Court could not say that these conditions would be "known" or "obvious" to a reasonable person in the position of the plaintiff. The court carefully considered that this skater lost and regained his balance while traveling at a good rate of speed. He did not have an adequate opportunity under the circumstances to recognize the danger the six-inch step posed to him.
The Court in Berman concluded that while the skater was charged with the general risks of skating, he was not charged with knowledge of how the risk to him was increased above that caused by normal skating by the physical lay out of the building. Id. at 536.
For more information about Evan Aidman, a Pennsylvania Personal Injury Lawyer and his work with clients with serious injuries click here: Philadelphia Personal Injury Attorneys
Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.
Click Here for Attorney Aidman's website: Pennsylvania Personal Injury Attorney
Four Simple Cardio Programs to Burn Fat Super Fast
Jumping Rope
Jumping rope provides a number of health benefits: not only is it a great cardiovascular exercise that burns calories and fat, but it also develops good coordination between the hands and feet, as well as rhythm (muscle coordination). The greatest thing about jumping rope is that it is very inexpensive and you can do it almost anywhere.
Jumping rope has been proven to be a very effective method for burning fat. It has been shown to burn as many as 1,000 calories per hour. Wow, that is some serious caloric expenditure! Some of the best and leanest athletes swear by it. Movies often depict professional boxers skipping rope because it develops great cardiovascular endurance and stamina. It's no wonder that boxers are some of the best-conditioned athletes.
Grab a jump rope and try it yourself!
Stand erect, but relaxed, when you jump.
Keep your knees slightly bent.
Look straight ahead, not at your feet.
Land on the balls of your feet, not on your heels.
Keep your arms fairly still, do not flail.
Start by jumping slowly, building up your speed so you can jump rope more quickly over time. See how many times you can jump without missing. Try to do 100 skips before you have to stop – then, beat that record the next time. Do 50 super fast jumps, followed by 50 slower jumps.
Jumping rope is great for the whole family. Have even more fun by getting some friends to play Double-Dutch. Jump rope for 30 minutes, five times a week, and watch your waistline shrink. Go invest in a jump rope today, and quickly get the body you want.
Jumping on a Trampoline
Jumping on a trampoline – yes, I said jumping on a trampoline – is a great workout. It not only develops excellent proprioception (body awareness), but it also burns a ton of fat and calories. And did you know that the rhythmic bouncing has a powerful effect on the lymphatic system, which builds a stronger immune system?
A trampoline provides exercise that are easy on the joints, very low in stress, and great for the body.
It's easy to start a trampoline regimen. Buy a mini-trampoline for your living room and jump while watching your favorite TV show, or bounce to a trampoline workout video. For tons of family fun, buy a large trampoline for the backyard. Start jumping on your trampoline for 30 minutes a day and bounce away your pounds.
Outdoor Sprints
A Great workout: go outside and sprint as hard and fast as you possibly can. Once you feel like you're going to collapse, stop; walk until you're no longer huffing and puffing; then, sprint again. You might call this the 'Forrest Gump' Workout. Repeat as many times as you can, or until you complete a full 30 minutes of sprints and rest/walking.
This is a very intense workout, so you need a good level of fitness and conditioning before trying it. Sprint your butt off, walk until you catch your breath, then do it again. The harder you push yourself, combined with the faster and longer distance you run, the sooner you will get in shape and the more fat you will lose.
Outdoor sprints offer fat loss and a great body at no cost, so push harder than you ever have pushed before. If this sounds too difficult, consider the payoff. Any successful athlete will tell you they have put their bodies through this type of workout challenge.
If you are in good physical health, a sprint workout is extremely safe – so remember, just because you might feel like quitting doesn't mean you have to. In other words, keep pushing and get your butt in shape, no whining, no complaining; just results, and a happy, more confident you.
Stadium Stairs
Running up stairs is a great no-cost, outdoor workout available at your local high school or college stadium. Sprint to the top of the stadium, then walk down the stairs. Remember, safety first! As soon as you get to the bottom, sprint back up to the top, and repeat.
This extremely high-intensity cardio program will burn fat quickly and send your heart rate through the roof. Sprinting stairs is a common exercise for all levels of athletes, and who among us doesn't want the lean, muscular shape of an athlete? So stop complaining about not being able to afford the fancy equipment. Go to the stairs and run your butt off! You'll get a tight, firm rear because you'll lose that fat from your behind, and everywhere else, as you burn up the calories running up those stairs.
About the Author
Scott White is a
certified personal trainer and nutritionist
located in Scottsdale, Arizona. For more information about nutrition and fitness, reach Scott at
Personal Trainer | Personal Training
.
Dealer Negotiations on a 2005 Honda Pilot EX-L?
Ok so I am going to look at a 2005 Honda Pilot tomorrow. I REALLY want this car and what I want to know is if I should try to negotiate on the cars price. Its got 45K miles on it. SUPER clean car-fax report (1 owner, all service records like oil changes and fluid flushes reported) and done ontime), 6cd changer, sunroof, rear DVD system, leather interior, power seat etc.....
Anyways the dealer (its a large dealership) is asking $16,995. What do you think I could realistically get it for? Also...i dont know if it matters but I will not be financing through the dealership so there is no working out payments or anything.
i would start at $14000 and see what happens do not be afraid to walk out cars are not selling go back on the last day of month to get the best deal
Massachusetts MMA fighters make their mark
Long recognized as a state swarming with mixed martial arts talent, a pair of Massachusetts fighters recently traveled across the country to California ply their trade in the preeminent MMA organization on the planet: the UFC.
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