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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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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Can You Sue for Wrongful Death?

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Who Can Bring a Lawsuit for Damages after an Accidental Death in Pennsylvania?

Wrongful DeathWhen someone dies in an accident caused by the carelessness or negligence of another person, it can have far-reaching consequences. While immediate family members may suffer because of the loss of financial support, guidance or companionship, friends and others may feel a tremendous emotional loss as well.

In the aftermath of an accidental or wrongful death, the law provides a mechanism to hold the wrongdoer accountable—a wrongful death lawsuit. But how broad is the scope of a wrongful death action? Can anyone who experienced a loss seek compensation in court?

Standing in a Wrongful Death Action in Pennsylvania

In Pennsylvania, as in other states, a person must have legal “standing” to sue for any type of loss. To have the necessary standing, you must be considered a “real party in interest,” someone with a real and actual loss, as well as the right to enforce a claim for that loss.

Under Pennsylvania law, a wrongful death claim must be filed by the personal representative or executor of the deceased’s estate. Typically, that person will be named in the will, but the court may appoint a personal representative if there is no will. The personal representative, however, acts only on behalf of the beneficiaries of the estate. Those beneficiaries are the ones who are considered to be real parties in interest. According to the Pennsylvania Wrongful Death Act, the only individuals considered to be real parties in interest are the spouse, the children and the parents of the victim. Siblings, cousins, nieces, nephews and other family members generally have no right to compensation through a wrongful death lawsuit.

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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A Driver’s Responsibility in Pennsylvania — The Removal of Snow and Ice

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driver cleaning ice off windshield

The Potential Consequences of Failing to Clear Snow and Ice from Your Car

In Pennsylvania, as in other states, the failure to remove snow and ice from your vehicle can be the basis for liability in a personal injury lawsuit. It can also result in a traffic citation. Here’s how it works.

In most personal injury claims (such as a motor vehicle accident lawsuit), the legal theory supporting financial recovery is negligence. To prove negligence, an injured person must first show that the defendant (person alleged to have caused the harm) failed to meet the accepted standard of care. As the law of personal injury has evolved over centuries, it has been premised on the expectation that all persons will exercise reasonable care in all activities, so as not to pose an unreasonable risk of injury to others. The duty to use reasonable care applies to maintaining one’s home, manufacturing and marketing a product and driving a motor vehicle. The question that would be posed, in a motor vehicle accident claim, is whether it was reasonable to expect that the driver would remove snow and ice from the vehicle. If it was, and if the failure to do so caused or contributed to the accident that caused the injury, the driver may be liable.

In 2006, the Pennsylvania legislature passed a law that also made the failure to remove snow and ice a criminal violation. Enacted in response to the death of a woman after a huge chunk of ice flew off a semi and shattered her windshield, the law imposes a fine of up to $1,000 on any person who has snow or ice fall from his or her car and cause injury to another driver, a passenger or a pedestrian.

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 View Contributory and Comparative Negligence?

Fault for Your InjuriesThe laws governing personal injury in Pennsylvania and other jurisdictions are fundamentally based on the concept of fault, or liability. In a personal injury claim based on negligence, a jury will look at the actions of omissions of a person—the defendant—and ask whether they “caused” an accident that led to an injury. It’s not uncommon for there to be more than one defendant, and for the jury to allocate liability or fault to more than one party. But what happens if the injured person engaged in some careless act that contributed to the injury or made it worse?

Under the law as it existed until about a century ago, an injured person who committed any act or omission that contributed to an accident or injury could not recover anything. This doctrine, known as “contributory negligence,” ruled the day for centuries, but ultimately came to be perceived as unduly harsh and unfair. Defense attorneys would look for any act, material or insignificant, to avoid responsibility. Grossly negligent defendants often escaped liability entirely because an injured party made a minor mistake.

The doctrine of contributory negligence has been replaced in most jurisdictions, including Pennsylvania, with the concept of “comparative negligence.” As a general rule, comparative negligence looks at the total amount of losses suffered, allocates a percentage of liability to each party, and reduces the damage award by the percentage to which the injured party was responsible.

There are two different approaches to comparative negligence. Under the concept of “pure comparative negligence,” an injured party will always receive something, unless the jury finds him entirely responsible for his own injuries. For example, if a person is hurt in a motor vehicle accident and suffers $100,000 in losses, but the jury finds him 60% responsible, he will only collect $40,000.This does not apply in Pennsylvania.

Under the alternative approach, known as “modified comparative negligence,” an injured party’s responsibility must fall below a certain threshold, which is 51% in Pennsylvania, in order for that person to recover anything. Under this rule, if the damages are $100,000, but the injured party is 60% responsible, he will recover nothing. If, on the other hand, he is only 40% responsible, he will recover $60,000.

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.

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Premises Liability When You Are Injured on Leased Property

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An old home

In Pennsylvania, as in other states, when you have been injured as a result of dangerous conditions on someone else’s property, you have a right to seek damages for all your losses. That’s because there’s a duty to maintain the premises in such a way that they don’t pose an unreasonable risk of injury to anyone legally on the property. But who is responsible when the person or business actually using the premises is not the owner, but merely a tenant?

As a practical matter, you’ll want to take legal action against both parties—the landlord and the tenant. Ultimately, the insurance companies or the courts will make a determination as to whether one or both parties have liability. There are, however, some general guidelines that courts tend to follow:

  • Residential property — As a general rule, the person responsible for maintaining the area where the injury occurred will be liable. Accordingly, if your injury occurs inside an apartment or rental unit, the tenant will be responsible (unless the injury was caused by a defect in the building, such as a broken step or stairway and the landlord knew of the existence of the dangerous condition). If the injury occurs outside of the residence, allocation of liability will typically depend on the type of property. If it’s a multiple unit where the landlord customarily maintains the property, the landlord will have responsibility. However, if it’s a house or single unit, where the tenant has responsibility for all outdoor maintenance (mowing, shoveling, watering, etc.), the tenant will have liability.
  • Commercial property — In principle, the rules are the same for commercial premises. Injuries sustained as a result of dangerous conditions inside a business structure are typically the responsibility of the tenant. Injuries suffered outside the building are usually attributed to the landlord. There are exceptions, however—if the tenant’s business involves outdoor displays of merchandise or the landlord is aware of dangerous conditions involving fixtures or permanent structures inside the building.

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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How the Actions of the Injured Party Affect the Outcome of a Personal Injury Lawsuit

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Outcome-of-a-Personal-Injury-Lawsuit

When you’ve been injured in any type of an accident, one of the first and most important things you’ll need to do is establish who all the potentially responsible parties are. That entails identifying exactly what caused your losses and whose actions contributed to your injuries. What if you were partially at fault for the accident? Are there ways that your actions, as the injured person, can have an impact on your right to recover for all your losses?

Contributory Negligence

The legal doctrine of contributory negligence looks at the extent to which your own actions contributed to your losses. As the law of personal injury evolved over centuries, the doctrine of contributory negligence held that, should there be any degree to which the injured party caused or contributed to his or her own losses, there could be no recovery of any kind. Perceiving this to be overly harsh (and responding to defense attorneys who argued that even the slightest degree of negligence precluded an injured party from any recovery), the modern trend has been toward the concept of comparative negligence.

Comparative Negligence

Under the principle of comparative negligence, the court looks at the total losses suffered by the injured party and reduces that amount by the percentage of liability allocated to the plaintiff. For example, if the total losses were $100,000 and the jury determines that the plaintiff was 25% responsible, the damage award will be reduced to $75,000.

There are two approaches, however, to comparative negligence. Under the “pure comparative negligence” rule, the plaintiff is always entitled to something, even if he or she was primarily responsible. Under the modified comparative negligence standard, a plaintiff will only recover compensation if his or her negligence falls below a specific degree—typically 50 percent.

Failure to Mitigate Damages

There’s another way an injured person’s actions can have a negative impact on a damage award—if the plaintiff fails to act reasonably to mitigate (or minimize) the actual damages. For example, if a person injured in a motor vehicle accident fails to seek medical treatment or refuses to follow the doctor’s prescribed regimen, that person may not be able to recover compensation for damages that would reasonably have been avoided otherwise.

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

How Does a Jury Evaluate a Claim for Pain and Suffering?

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Pain-and-Suffering

When you’ve been hurt in an accident caused by the carelessness or negligence of another person, you have the right to seek compensation for a wide range of losses, including:

  • Lost wages or income
  • Unreimbursed medical expenses
  • Loss of enjoyment of life, i.e., the inability to engage in routine or previously enjoyed activities because of your injury
  • Loss of companionship or consortium, essentially the loss of the benefits of a family relationship with a spouse because of an injury

As a general rule, in most personal injury lawsuits, you can also ask for damages for pain and suffering. We looked more closely at what types of losses qualify as pain and suffering in an earlier blog. But what factors can a jury consider when calculating those losses? Here are some of the customary questions juries ask when assessing a claim for pain and suffering:

  • Is the plaintiff (the injured party) a credible witness? Note that this may be based on your testimony or it may be based on your physical appearance. It can also stem from your demeanor in court or on the witness stand. Did you stumble a lot or contradict yourself? Were you clear in your testimony? Did the defense attorney impeach your credibility in any way, even if it had nothing to do with the accident?
  • Does your claim of pain and suffering make sense to the jury? Can the jurors see a logical relationship between your injury and the pain you allegedly suffer?
  • Is there medical testimony to substantiate your claim?
  • Do you have a criminal record? (What, you may ask, does this have to do with a personal injury claim? Nothing, but a jury may still consider it)

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 Seek Damages for Pain and Suffering?

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Seek-Damages-for-Pain-and-Suffering

When you’ve been hurt because of the wrongful act of another person, and you seek compensation through a personal injury lawsuit, you are entitled to pursue damages for a wide range of losses, from wages and income to unreimbursed medical expenses, from loss of companionship or consortium to loss of enjoyment of life. In many instances, you can also seek a monetary award for pain and suffering, both past and future.

The Different Types of Pain and Suffering

As a general rule, pain and suffering falls under one of two categories—physical pain and suffering, and mental/emotional pain and suffering. The physical pain and suffering you experience need not be constant, severe or excruciation. You may have chronic pain that manifests at a relatively low level, but that affords you little or no respite. You may have intermittent, but substantial pain that leaves you in dread of the next episode. It’s also important to understanding that it’s pain and suffering. The consequence may be a limitation on your mobility, instead of the typical pain associated with nerve impulses. For example, you may have burns that restrict your motor skills—there may be no pain, per se, but you may still be entitled to damages for pain and suffering.

Mental/emotional pain and suffering can take a variety of forms, from depression and anxiety to anger or fear. Often, the mental or emotional pain and suffering you experience is the result of a physical injury.

How Do You Calculate Damages for Pain and Suffering?

Pain and suffering is considered a form of non-economic damages—those which are less tangible and not easily calculated. Courts customarily ask juries to use common sense when awarding damages for pain and suffering. Jurors may take a number of factors into consideration, from your perceived credibility to your appearance and demeanor during direct or cross examination. Even though it has no bearing on your claim, a jury may also consider whether you have a criminal record.

In many states, there is precedent to apply a “multiplier” as a damage award for pain and suffering. In such an approach, the jury ascertains the actual out-of-pocket losses and multiplies that amount by a specific number (typically between 3 and 10) to get damages for pain and suffering.

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