Frequently Asked Questions
Pittsburgh, Pennsylvania lawyers David W. Tyree, PC, and C. Donald Gates offer answers to common questions.
- I was walking into an apartment building and the sidewalk had no lighting. I fell and broke my wrist. Is the property owner responsible for my medical expenses?
- What is arbitration?
- I was in an accident and the other driver left before providing any information. Is this legal?
- Can I cut down my neighbor’s overhanging tree branches?
- I can’t find my original deed. Is that a problem?
- Who owns the unopened paper street behind my property?
Wills
- Where should I keep my original Will?
- My Will is not notarized, is it still "legal" and is it good in every state?
- Can I provide for my pet in my Will?
I was walking into an apartment building and the sidewalk had no lighting. I fell and broke my wrist. Is the property owner responsible for my medical expenses?
Property owners and owners of public property have a responsibility to keep their premises safe. This means cleaning up spills on floors and walkways, providing adequate lighting, and using reasonable care to maintain the integrity of their property or construction site. Unfortunately, this does not always happen, and this failure to do so is called premises liability.
What is arbitration?
When someone who has insurance (the insured) is involved in an automobile accident with an uninsured or underinsured driver, the insured may submit a claim to the insurance company for coverage under an uninsured/underinsured motorist (UM/UIM) provision.
Sometimes, conflicts come up between the insured and the insurance company when the insured attempts to prove that the insurance company is liable under the policy and the insurance company attempts to prove otherwise. Instead of litigation, arbitration is often used to resolve these conflicts—as provided for by an arbitration clause in the policy. Arbitration clauses allow parties to demand arbitration if they cannot agree on whether coverage applies or the extent of coverage.
I was in an accident and the other driver left before providing any information. Is this legal?
No, this is not legal. The situation you described is a hit and run accident. A motorist involved in a vehicular accident is required to stop and assist injured persons. He or she should also provide his insurance information to the other driver. In these accidents, hit and run drivers usually fail to stop because they are uninsured motorists or have no insurance due to criminal actions.
Can I cut down my neighbor’s overhanging tree branches?
Yes, as they constitute a trespass onto your property.
I can't find my original deed, is that a problem?
No, it is not a problem, as long as the deed is recorded in the Recorder of Deeds Office of the County in which the real estate is located.
Who owns the unopened paper street behind my property?
Generally the legal title has vested to the middle of the unopened street to each abutting property owner.
Wills
Where should I keep my original Will?
A safe deposit box or a secure place within your home, provided you advise the executor of its location. Frequently, your lawyer will agree to hold the same for you in the office safe deposit box.
My Will is not notarized, is it still "legal" and is it good in every state?
Each state has its own requirements for Will execution. Pennsylvania does not require notarization or witnesses, although it greatly assists in proving (probating) the Will, if it is so executed.
Can I provide for my pet in my Will?
Many people make arrangements with a friend or relative to take and care for the pet and leave sufficient funds under their Will to accomplish that purpose.
We serve clients in the Pittsburgh, Pennsylvania area
Call David W. Tyree, PC, and C. Donald Gates, Attorneys at Law, at 412-364-2045 today.
