Michael Malvey, Esq. has written an article titled “Tubing Uphill: How An Appellate Battle in a Snow Tubing Injury Case Helped Create a Path for Overcoming Pre-Injury Exculpatory Releases” for the Philadelphia Trial Lawyers Association (PTLA). The article was published in their “Verdict” magazine, which is circulated among PTLA members and Judges.
Mike’s article discusses his battle to make it easier to pursue personal injury claims arising from accidents that happen during high-risk activities, such as snow tubing, skiing, sky diving, and paintball.
Most of the facilities that host these activities require that customers sign waivers and releases that limit or eliminate their right to bring legal claims if they are injured or killed while participating, even if the facility’s negligence caused the injuries.
Mike dealt with this issue firsthand during his representation of a client who suffered catastrophic injuries in a snow tubing accident and who had his lawsuit dismissed due to a release he signed before he started tubing. Over the course of an eight-year litigation, Mike took the case all the way to the Pennsylvania Supreme Court to fight for his client’s right to have his day in court. The Supreme Court agreed with Mike, issuing a rare unanimous 7-0 opinion reinstating the case.
Mike’s article concludes that thanks to the Supreme Court’s opinion, the uphill battle for plaintiffs to overcome these waivers may now be a little less steep.
You can read Mike’s article here
While some attorneys may have given up, Mike never strayed from being a fierce advocate for our client, fighting until his client’s case was heard by the highest court in Pennsylvania. Mike had his chance to argue why the lower courts made the wrong decision. And, why, his client deserved justice.
Mike is a Senior Partner at Galfand Berger LLP. He has handled hundreds of cases within the Personal Injury Department and has helped the firm recover some of the largest multi-million awards in Pennsylvania history. Mike has also successfully helped his clients overcome pre-injury waives in cases involving paintball, water parks, gyms, trampoline parks, and gymnastic centers. Learn more about Mike by reading his bio.
The PTLA is the preeminent organization in Philadelphia that advances the mission of trial lawyers to uphold the Constitution of the United States and the Commonwealth of Pennsylvania. Galfand Berger LLP supports PTLA’s important work and is pleased to take an active role in their mission.
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