What Happens If You Are Hurt on Someone Else’s Property?

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Premises Liability in Pennsylvania

What Happens If You Are Hurt on Someone Else's Property? In Pennsylvania, as in all states, the owner of residential or commercial property has a legal obligation to monitor and maintain the premises so as to minimize the risk of injury to anyone legally on the property. It’s important to understand that the duty is not absolute—it does not require that the owner prevent all injuries on the property. The owner must take reasonable steps to monitor conditions on the property, and may respond in a number of ways:

  • The dangerous condition may be remedied
  • The owner may prevent access to the part of the property that poses the danger
  • The owner may post reasonable warnings advising visitors of the potential danger

Liability, though, is not limited to the owner. It can extend to anyone who exercises control over the premises, including a property manager or tenant.

The duty owed by the owner (or person in control) is different, based on the status of the visitor to the property:

  • Trespassers—A trespasser is a person who enters the property without permission or legal right. An owner generally has no duty to a trespasser, except in limited situations involving children and what are referred to as "attractive nuisances."
  • Invitees—An invitee is anyone who comes on property primarily or exclusively for the benefit of the property owner, typically for business or social reasons. In Pennsylvania, the property owner owes the highest duty to an invitee—all known and unknown dangers must be corrected.
  • Licensees—A licensee is someone who is invited on property for reasons that don’t necessarily benefit the owner. It can also include individuals who enter under authority of law, such as police officers, first responders and firefighters. For a licensee, a property owner must address only known dangers.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Your Options When an At-Fault Driver Is Uninsured or Underinsured

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Looking at Other Ways of Recovering Damages for Your Losses

an At-Fault Driver Is UninsuredAfter a motor vehicle accident, it’s typical to gather insurance information from all parties, including the at-fault party. Pennsylvania has different laws governing auto insurance, giving auto owners the option to choose between “no-fault” at “at-fault” types of coverage. If you opt for no-fault coverage, you will always collect compensation from your own insurance company, regardless of who is at fault. However, if you choose “fault” coverage, the person at fault will be responsible for your lost wages, medical bills and other damages.

As a practical matter, when you are looking to the other party to cover your losses, you will recover compensation from that person’s motor vehicle insurance provider. But what happens if that person either had no insurance or only had insurance that covered property damage? Are you without recourse? Not necessarily.

Uninsured/Underinsured Motorist Coverage from Your Own Insurer

You have the option, when purchasing insurance in Pennsylvania, to add a rider to your policy that provides coverage in the event you suffer losses because of the fault of an uninsured or underinsured driver—it’s referred to as UM/UIM coverage. It is not mandatory, though!

If you have been hurt in a motor vehicle accident and you learn that the at-fault driver had no insurance or had minimal insurance, you’ll want to check your policy to see if you have a UM/UIM provision. Don’t expect your insurance agent to volunteer the information—your insurer is a for-profit business and makes more money by paying as little as possible to settle your claim. Instead, it’s in your best interests to have an experience lawyer review your policy.

Other Possible Options

Depending on the factual circumstances, you may have other avenues to pursue for compensation. If there were multiple parties at fault, you can take legal action against all of them. If one of the defendants is deemed to be more than 60% responsible for your injuries, you can recover all of your losses from that party and that party will need to seek reimbursement from other at-fault parties.

If the at-fault party was under the influence of alcohol at the time of the accident, you may be able to pursue damages against the person or establishment who sold the alcohol to the defendant under dram shop and social host liability laws.

If the accident was caused by defects in the roadway—potholes, loose gravel, poorly designed curves, etc.—you may be able to sue the municipality responsible for maintaining the roads.

If the accident was caused by the malfunction or breakdown of a vehicle component, you may have a product liability claim against the designer, manufacturer, distributor or retailer.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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The Damages Available in a Wrongful Death Action

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What Can You Expect to Recover after the Accidental Death of a Loved One?

Damages Available in a Wrongful Death In the aftermath of the accidental or wrongful death of a loved one, you have only one initial focus—your grief at their loss. While no amount of money can ever bring them back, it’s likely that you’ll have real, economic losses because of their death. Maybe the person who died was the primary source of income for your family. Maybe there were significant unreimbursed medical expenses incurred because of the accident, but before their death.

At some point, you may need to take legal action to hold the wrongdoer accountable. When you do, what types of compensation can you expect?

In Pennsylvania, a wrongful death claim is viewed essentially as a personal injury claim where the injured party has died. Accordingly, a wrongful death claim in Pennsylvania is not brought by family members, but on behalf of the estate of the deceased. However, if the personal representative does not file a wrongful death action within six months of the date of death, any legal beneficiary of the decedent may file a claim on behalf of all beneficiaries.

The Damages Available in an Accidental Death Claim in Pennsylvania

The estate or the beneficiaries may seek compensation for a broad range of losses:

  • Lost wages or income, including benefits, the deceased would have received for the rest of his or her working life
  • The lost services the decedent would have provided the household, including housekeeping, cooking, childcare, maintenance, yard  and lawn
  • Any unpaid medical expenses incurred by the deceased
  • Funeral and burial costs
  • Estate administration expenses
  • Compensation for any pain and suffering incurred as a result of the accident, but before death

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Third Party Claims after a Work-Related Injury

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Seeking Financial Recovery Outside the Workers’ Compensation System

Claims after a Work-Related InjuryAfter a workplace injury, one of your first steps is typically to file a workers’ compensation claim with your employer. There are benefits to seeking benefits under the workers’ compensation laws. If your claim is approved, you will likely start to receive benefits in a couple weeks. In addition, workers’ compensation claims are basically no-fault actions. You don’t have to show negligence by your employer—you only have to show that you were injured and that the injury occurred while you were working.

There are also some disadvantages to a workers’ compensation claim. The amount of benefits you receive will be limited, based on your salary or wages for the past year. In addition, you may be required to submit to treatment by a doctor chosen by your employer or the workers’ compensation insurance company.

When you file a workers’ compensation claim, don’t be surprised if your employer tells you it’s your “exclusive remedy,” and that you can’t pursue compensation in any other type of proceeding. That’s not necessarily true, though. In fact, you may be able to file a workers’ compensation claim and a private lawsuit simultaneously—here’s how it works.

The workers’ compensation laws are intended to provide an alternate means of recovery for injuries caused by the carelessness or negligence of your employer or a co-employee. If an unrelated third party causes or contributes to your injuries, you can bring legal action against that third party in a civil action in court. Examples include:

  • Injuries suffered in a work-related motor vehicle accident, where the at-fault driver is neither your employer nor a co-worker
  • Injuries caused by dangerous or defective products manufactured by a third party

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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What If You Were Partially at Fault for Your Injuries?

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How Does Pennsylvania Law Address Contributory Negligence?

Partially at Fault for Your InjuriesWhen you’ve been hurt in an accident caused by the carelessness of other persons, one of the keys to determining liability and recovering damages for your losses is establishing fault. Typically, when more than one person or entity is at fault, the jury must allocate responsibility. The total amount of damages (losses suffered in the accident) are then divided among the parties based on extent of liability.

But what happens if you contributed in some way to causing the accident? How will that affect your ability to collect compensation for your injuries?

Under the law as it had developed over centuries, the legal principle of “contributory negligence” was applied whenever an injured party contributed in any way to causing his or her own injuries. Under that legal doctrine, if the injured party engaged in any negligence or carelessness that contributed to his or her injury, there could be no recovery.

Because of this legal principle, defense attorneys would look for even the most minimal carelessness by an injured party and ask the court to dismiss the personal injury lawsuit. Because of increased concerns that the doctrine of contributory negligence led to unfair results—a grossly negligent defendant could avoid liability even if the injured party was only minimally or nominally negligent—the contributory negligence principle has been replaced in all states, including Pennsylvania, with a new legal rule, known as comparative negligence.

With comparative negligence, the court makes a determination of the total amount of losses, then makes an allocation of blame or liability. The total amount of the losses is then reduced by the percentage by which the injured party is to blame. For example, if a person suffers $100,000 in losses, but is deemed to be 25% responsible, he or she would only recover $75,000.

As comparative negligence has evolved, it has taken two distinct forms—pure comparative negligence and modified comparative negligence. In a pure comparative negligence state, an injured party will always receive something, unless he or she is ruled to be 100% responsible. In a modified comparative negligence state, an injured party will typically only receive compensation if his or her negligence fell below the statutory minimum (typically 50%). Pennsylvania is a modified comparative negligence state.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Defenses to the Enforcement of a Contract

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What Arguments Can You Make to Legally Challenge a Contract?

Business people negotiating a contract

In an earlier blog, we looked at the elements that must be present to create a valid and enforceable contract—agreement, consideration, legal subject matter, contractual capacity and volition. Obviously, if you can show that one of those requirements is missing, you can challenge the validity of the contract.

There are, however, other defenses that you can raise to challenge the enforcement of a contract:

  • The statute of frauds — Every state, including Pennsylvania, has a written law known as the “statute of frauds,” which identifies those types of contracts which must be in writing. Accordingly, oral agreements may be enforceable, provided they don’t fall under the types of contracts enumerated in the statute of frauds. For example, in Pennsylvania, contracts involving an interest in real property must be in writing.
  • Mistake of fact — Suppose you agree to buy a historical artifact and it turns out not to be genuine. If the mistake is unilateral—made by only one party—the doctrine of caveat emptor (let the buyer beware) typically prevents the contract from being voided. However, if the mistake is mutual, and the mistake is about a “material” fact (one that’s essential to the nature of the contract), the agreement may be voided.
  • Impossibility of performance — If some unrelated and unforeseen circumstance makes it unreasonable or impossible for one of the parties to perform under the terms of the agreement, the courts will typically allow the contract to be invalidated without penalty. For example, if you enter into a contract to buy a used car and it is totaled before you pay for and take possession of it, the agreement may be voided and the seller won’t be in breach of contract.
  • Unconscionability — Though our legal system encourages “freedom of contract,” allowing parties to enter into agreements that may not be in their best interests, the courts still want to know that all transactions are “arms-length,” and that one party does not have grossly disproportionate bargaining power over the other.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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The Requirement of a Valid and Enforceable Contract

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The Elements that Make an Agreement Binding

Contract

In the business world and in everyday life, people make statements, offers and proposals on a regular basis. In many instances, those conversations and communications are intended to create binding commitments, but often they are not. What, then, differentiates mere words from contract? Here are the fundamental elements that must be present to make a communication or action a binding contract.

Requirement #1 — There must be an agreement—There must be at least two parties to an agreement (there may be more) and there must be an offer and an acceptance. The offer must be specific enough that the party accepting it knows that it’s an invitation to enter into a contract and understands the terms of the agreement. The acceptance must not change the terms of the offer. If it does, it is considered a rejection of the offer and a counter-offer, which may be accepted.

Requirement #2 — There must be mutual consideration—In a legal context, consideration means something of value. It can consist of something given to the other party (which is not legally required) or refraining to do something a party has a legal right to do. Consideration must run both ways. An offer of a gift generally does not create a contract.

Requirement #3 — The subject matter of the contract must be legal—The courts will not enforce agreements to engage in illegal activity and may not enforce contracts that are contrary to public policy.

Requirement #4 — The parties must have contractual capacity—Both parties must have the ability to understand that they are entering into a binding contract, and to understand the terms of the agreement. Factors that may lead a court to conclude that party lacks contractual capacity include age (minors may be able to void an agreement), intoxication and mental deficiency or incompetency.

Requirement #5 — The parties must voluntarily enter into the agreement—Contracts entered into under duress, undue influence, coercion, fraud or  misrepresentation are generally voidable.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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The Damages Available in a Wrongful Death Lawsuit

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What Losses Can You Recover after the Death of a Loved One?

available in a wrongful death lawsuitWhen a loved one has died because of the wrongful actions of another person, there’s no amount of money that can bring them back, that can make you whole. But that doesn’t mean that you haven’t incurred tangible losses, and that you don’t have the right to hold the at-fault party responsible for his or her carelessness or negligence.

As discussed in our earlier blog, before you can recover any damages in a wrongful death action, you must show that you were a real party in interest. If the lawsuit is based on a legal theory of negligence, you’ll also need to prove that the defendant (person from whom you seek compensation) acted unreasonably, causing an accident that led to the death of your loved one.

The Compensation Available in a Wrongful Death Lawsuit

When you’ve lost a loved one in an accident, you have the right to seek a broad range of damages, including:

  • Reimbursement of any funeral or burial expenses
  • Reimbursement of any medical expenses incurred by the deceased before death (that were not covered by insurance)
  • Any lost wages and income or loss of support that the deceased would have provided or contributed. For surviving spouses, the amount is calculated based on the decedent’s life expectancy. For children of the deceased, it’s determined based on the number of years the child would have been dependent on the support.
  • The value of all household services the deceased would have provided, including child care, housekeeping, yard maintenance and other tasks
  • Any loss of companionship, consortium, guidance, affection, comfort or care the deceased would have given you. These types of damages are typically recoverable only by a surviving spouse, children or parents.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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Can You File a Wrongful Death Lawsuit?

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Who Can Seek a Financial Recovery after an Accidental or Wrongful Death?

wrongful death lawsuitWhen someone dies because of the carelessness or negligence of another person, there are almost always repercussions. The person who died may have had a family, a spouse and children and many friends, all of whom feel the loss. The deceased may have provided financially for others or even been the sole breadwinner in the household. In the aftermath of a wrongful death, the law allows certain parties to pursue damages from the at-fault party. There are limits, though, on who may rightfully seek compensation after an accidental death.

You Must Be a “Real Party in Interest”

As a general rule, to qualify to file a wrongful death action in Pennsylvania, you must demonstrate that you were a “real party in interest,” someone with both a substantive right that can be legally enforced. In Pennsylvania, by law, a wrongful death lawsuit may one be filed by the personal representative of the estate of the decedent. It’s important to understand that the personal representative files the legal action on behalf of the deceased’s beneficiaries. Accordingly, to recover damages after the death of a loved one, you must be someone who was either named in the decedent’s will or who would have been entitled to an inheritance under Pennsylvania’s intestacy laws (the laws that apply to the distribution of estates when the deceased has no will or other estate planning).

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology

Filing a Civil Suit after a Workplace Injury in Pennsylvania

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Is Workers’ Compensation an Exclusive Remedy for a Job-Related Injury?

workplace injury in pennsylvaniaIn Pennsylvania, when you’ve been injured in the workplace, you have a right to seek benefits by filing a workers’ compensation claim. As a general rule, there are only two requirements—you must show that you were injured and that your injury occurred on the job. You may be uncertain, though, whether a workers’ compensation is your “exclusive remedy.” Is it your only course of action after an injury on the job?

Not necessarily—Here’s how it works.

The workers’ compensation laws were enacted as the “great bargain,” intended to benefit both workers and employers. For workers, the process can be much simpler, and benefits can start much sooner. Because you don’t have to get on the court’s docket or conduct discovery, you can actually start receiving benefits within a couple weeks or so, provided your claim is approved.

For employers, workers’ compensation provides protection from unlimited jury awards, should the employer be negligent. The benefits are calculated based on prior earnings, with a cap on the amount paid out.

However, workers’ compensation is intended only to provide benefits in the event the employer or a co-employee was negligent. If the carelessness was committed by an unrelated third party, an injured worker is not limited to workers’ compensation benefits and may seek damages in a lawsuit. For example, if a worker is injured in a motor vehicle accident involving an unrelated third party, or is hurt because of the malfunction of a machine or tool, a civil suit may be filed.

In fact, an injured worker can file a personal injury lawsuit and a workers’ compensation claim simultaneously. The only restriction—you can’t recover twice for the same loss. If workers’ compensation paid your medical expenses, you cannot be reimbursed for them in a lawsuit.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology