NEGLIGENCE-PECULIAR RISK DOCTRINE

November 4th, 2015 by Rieders Travis in Negligence

The operation of a driver dropping off a handicapped person who then has to cross the street is not considered the operation of a vehicle.  Hence the exception of vehicle liability for the Political Subdivision Act does not apply.  Also the employer which was an independent contractor is not liable under the Peculiar Risk Doctrine.  The driver was an independent contractor and the company he worked for was not responsible for hiring, training or supervision.  Under the Peculiar Risk Doctrine the question is whether the risk was foreseeable to the employer of the independent contractor at the time the contract was executed and was the risk different from the usual and ordinary risk associated from the general type of work done.  The peculiar risk must be one not created solely by the contractor’s negligence in performing the operative details of the work.  Guidelines established to independent contractors are not the type of control considered intrusive.  Phillips Ex Rel. Phillips vs. WCTA, 986 A.2d 925 (Pa. Cmwlth. 2009).

Attorney Cliff Rieders

Attorney Cliff RiedersCliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]

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