Premises Liability In Chester County

Chester County Holiday Warehouse & Delivery Accidents

Chester County, PA, and the surrounding areas have a lot of Christmas cheer and spirit. From Black Friday, which is after Thanksgiving, to New Year’s Eve, all types of gifts and party decorations are ordered. 

While this might be a time off from work for most individuals, warehouse workers find this time of year tumultuous and are prone to more Workman’s Compensation claims due to stress and overwork. 

Online shopping has contributed to an excess of warehouse work and, of course, delivery. This has led to increased accidents inside and on the road for workers in warehouse and delivery jobs.  

OSHA (Occupational Safety and Health) has information for employers that stresses proper practices, as well as adequate training. Seasonal workers are oftentimes undertrained and more at risk during the entire holiday season. 

Major carriers of freight and warehouse workers are the most impacted by the hustle and bustle. Extra hours can leave them drained and exhausted. However, smaller self-employed sub-contractors under a W2, such as food delivery services, can also experience hazards. 

Roadways are wetter, with sometimes snow and ice. Loading docks can also become downright precarious. Forklift operators see many injuries routinely, but most often during the holidays, as the skill set needed requires precision and perfect surroundings. 

This is well documented on Forklift Safety sites. All accidents during the holidays can be deadly, but forklift operations can outpace other types of injuries in severity in holiday seasonal occurrences. 

Most holiday accidents include slips and falls, but more serious injuries can occur, such as loss of limbs and even Traumatic Brain Injury. Pallets that fall on individuals, as well as overturned forklifts that weigh hundreds or thousands of pounds, are culprits in serious injuries. 

Duty of Care- Chester County Holiday Warehouse/Delivery Accidents 

All employers have a specified Duty of Care that must be followed for employees. Premises Liability is a form of tort law and can be applied to individuals. However, employers are held to a higher standard. Some examples of holiday season rush warehouse and delivery accidents include the following: 

  • Slips and falls

This is the most common during the holiday season. Workers are tired, seasonal workers appear, and companies must deliver by a specific date or risk a refund. Postal workers, both drivers and carriers, are subject to slips and falls due to slick conditions both inside and outside. 

  • Toppling of merchandise

This sounds rather odd, but ask any warehouse worker (or attorney who has assisted in this type of negligence case); there must be a standardized system for stacking merchandise. This can happen in a warehouse and even in a retail store where even the public can be injured. 

OSHA (Occupational Safety and Health Administration) has specific guidelines for warehouses to follow in proper stacking. The angle of merchandise, as well as the types of merchandise, dictate what is called a “proper stack.” 

Improper stacking can lead to huge fines and other types of actions against companies that do not follow these guidelines. 

  • Freight carrier accidents

These are multiple forms of possible negligence. Trucks must be held to national standards of safety. The drivers can only work a certain number of hours. Weather must be amenable to delivery as snow and ice, plus added darkness in the winter, can cause collisions, slips and falls, and other types of injuries such as muggings and robberies of the drivers

OSHA again rules in the trucking and freight delivery industries, with perhaps Independent Contractors of a smaller nature, such as private food delivery contractors, taking some of the risks upon themselves. Large companies, however, are bound to these regulations with inspections done routinely. 

  • Forklift issues

Not practicing the standards of safety for forklift operators can be the most catastrophic injury of all, especially during the holidays. Forklifts are heavy-duty equipment. Special training is needed for the operation of a forklift. 

Problems arise during the holidays in warehouses during stacking, loading, and unloading of trucks. Forklift operators need sufficient space for safety and must keep their heads at a certain angle when operating a forklift. The head angle ensures clear vision during operation. 

There is actual classroom training that operators must undergo, and this is mandated by the US Department of Labor in conjunction with OSHA under the guidelines of Powered Industrial Trucks/Machinery. 

Not only operators but also others in or around a warehouse can be injured by this type of machinery. Duty of Care and Premises Liability Laws are of utmost importance in using forklifts. 

Summary- Premises Liability— Holiday Warehouse /Delivery Accidents

It is obvious that although the holidays bring good cheer, they can also increase stress and negligence for service providers such as warehouse and freight delivery personnelThe Duty of Care is high for suppliers of goods. 

If any type of accident occurs, an attorney who is well-versed in this type of negligence should be contacted immediately. Christian J. Hoey ESQ, of Paoli, PA, has won millions of dollars in  

All companies have insurance attorneys on their side, so any injured worker needs the “best of the best” fighting for them. A free evaluation exists, and there is a phone and email: or 610-647-5151/1-888-GO-HOEY1. 

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.


The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.


At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.


Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.


Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer


Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.


Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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