What If You Are Partially Responsible for Your Own Injuries?

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Can Your Own Negligence Bar Recovery from Another Responsible Party?

What If You Are Partially Responsible for Your Own Injuries?In a personal injury lawsuit, one of the key requirements to recover damages is showing who caused the accident. The allocation of responsibility establishes who will pay damages for the losses suffered. That allocation also can play a factor in the amount of money the injured person receives because the court can reduce the damage award in situations where the injured party’s carelessness partially caused the accident.

As the law of negligence evolved over centuries, the principle of contributory negligence was applied. Under the doctrine of contributory negligence, if the injured person was negligent in any respect, and that negligent was a contributing cause of the accident, then there could be no financial recovery. Unfortunately, this led to abuse. Defense attorneys looked for any instance of carelessness that could be used to deny recovery. As a result, an insignificant act of carelessness could prevent recovery from a grossly negligent defendant.

Because of the perceived unfairness of the contributory negligence approach, all states now follow the concept of comparative negligence. Under comparative negligence, the court looks at the injured party’s total losses, determines the degree to which the injured party was responsible, and then proportionally reduces the damage award.

There are, however, two different approaches to comparative negligence:

  • Pure comparative negligence—In a pure comparative negligence state, the plaintiff will always receive something, unless the jury holds the plaintiff to be 100% responsible. For example, if the total damages are $100,000, and the plaintiff is 75% responsible, there will still be a damage award of $25,000.
  • Modified comparative negligence—In states that apply this standard (such as Pennsylvania), the plaintiff’s responsibility must fall below a certain threshold—typically 50%. If the injured party’s liability is above that point, there is no recovery.

Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

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Protecting Your Rights After a Work-related Injury in Pennsylvania

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What You Need to Do in the Immediate Aftermath of a Work Injury

Protecting Your Rights After a Work-related InjuryIn Pennsylvania, as in all states, when you have been hurt on the job, you have a right to seek benefits for lost income and medical expenses. You need to be careful, though. If you don’t take the correct steps, you might jeopardize your right to compensation. Here’s a checklist to guide you through the process.

  • Report the injury as soon as possible—Don’t worry about whether your employer believes you, questions the seriousness of the accident, or just thinks you’re a complainer. The longer you wait to report the injury, the greater the risk that some intervening accident will occur and your employer will attribute your injuries to that event. It’s a good idea to report an accident even if you don’t perceive any immediate injury. Sometimes it can take a day or two (or even longer) for an injury to fully manifest.
  • Get medical attention—Most doctors will tell you that the sooner you seek medical care, the more options you’ll have and the greater the likelihood of a full or maximum medical recovery. If the injury is serious, be willing to be transported to a hospital by ambulance. This isn’t the time to be strong in front of co-workers. Defer to the experience and knowledge of medical professionals. When you receive medical care, ask the doctor to document everything in writing. In addition, be sure to tell medical professionals about everything that’s out of the ordinary. Don’t focus on the obvious—like a broken bone—and neglect to mention the pulled muscle in your back or neck.
  • Take pictures of the accident scene, if possible—That includes everything from workplace conditions (oil or substances on the floor, debris, etc.) to your injuries.
  • Document the details—Keep notes of everything, from when you notified your employer to who was present at the time of the accident.
  • Hire an experienced attorney—The sooner you retain legal counsel, the sooner you’ll have someone gathering and preserving evidence to support your claim.

Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protectedthe rights of personal injury victims in Pennsylvania 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 302-594-4535 or contact us online.

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Is There a Duty in Pennsylvania to Remove Snow and Ice from Your Car?

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Can You Be Liable if You Cause an Accident Because Your Vision Is Impaired?

Is There a Duty in Pennsylvania to Remove Snow and Ice from Your CarIt may be dangerous, but it’s a common sight—motorists driving on the streets or highways of Pennsylvania with an accumulation of snow on the hood or windshield, or with small patches scraped in the ice or frost on the windows. What does Pennsylvania law say about the responsibility of a driver who causes an accident because they failed to clear snow or ice from a vehicle?

No Statutory Requirement to Remove Accumulated Snow and Ice

There is currently no written law in the state of Pennsylvania that obligates drivers to remove ice or snow from a motor vehicle before taking on the street. The legislature has seen many such bills introduced, but none have passed. There is, though, a statutory provision that can lead to fines and penalties if a driver has a sufficient accumulation of snow or ice on a vehicle such that it forms a “projectile” and causes death or serious bodily injury to another driver.

However, just because there’s no written law governing the accumulation of snow and ice doesn’t mean a driver can’t be held financially accountable for another person’s loss or injury. Under the legal theory of negligence, all persons in society are required to use reasonable care in their daily pursuits, so as not to create an unreasonable risk of injury to others. It can be argued in a court of law that a reasonable person, upon observing an accumulation of ice or snow that might impair visibility, would clean the snow and ice from places such as the windshield, hood, bumpers, top, and other areas. In determining what areas to clean, the driver should give consideration to loose snow that might blow around while driving, thereby impairing visibility.

Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of personal injury victims in Pennsylvania 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 302-594-4535 or contact us online.

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Slips-and-falls in Pennsylvania’s Winter Weather Conditions

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The Duties of Property Owners with Respect to Snow and Ice

Slips-and-falls in Pennsylvania's Winter Weather ConditionsWinter’s just about here, and in Pennsylvania, that means lots of snow and the potential for icy conditions. According to the National Weather Service, many parts of Pennsylvania can get up to two feet of snow every year. When conditions create snow, ice often follows. Snowy and icy sidewalks and steps often contribute to slip-and-fall injuries. What are the duties of property owners in the Quaker state regarding the accumulation of snow and ice?

The Duties of Owners and Property Managers

In Pennsylvania, anyone seeking to recover damages for a slip-and-fall on an icy or snowy sidewalk or other thoroughfare must show that the owner or manager of the property knew or should have known of the potentially dangerous condition. It also must be shown that the property owner/manager failed to take reasonable steps to remove the snow/ice or warn others of the danger.

As a general rule, in Pennsylvania, a property owner has 24 hours after the end of a snowstorm either to provide a warning or remove the snow. Pennsylvania also has a unique legal doctrine, known as the “hills and ridges” doctrine, whereby the duty of property owners only arises when the accumulation of snow or ice causes the formation of “hills” or “ridges.” This rule of law has three requirements:

  • The accumulated snow or ice must be such that it unreasonably obstructs travel.
  • The property owner/manager must have actual or constructive knowledge of the hill or ridge.
  • The hill or ridge must have caused the injured person to slip or fall.

There is, however, an exception to the “hills and ridges” doctrine—it will not exculpate a property owner when dangerous conditions are created by some other type of negligence, such as improper building maintenance.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, 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 302-594-4535 or contact us online.

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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 & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, 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 302-594-4535 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 & Kraft LLP, 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 302-594-4535 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 & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, 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 302-594-4535 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 & Kraft LLP, 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 302-594-4535 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 & Kraft LLP, 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 302-594-4535 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 & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, 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 302-594-4535 or contact us online.

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