In Pennsylvania, premises liability principles give injured plaintiffs the right to bring a lawsuit against a property owner for failing to correct non-obvious dangerous conditions of the property (i.e., property hazards, such as broken stairs). For example, if you trip and fall on the defendant’s stairway due to a broken step, then you could sue and recover damages as compensation. The situation becomes a bit more complicated when the “dangerous condition of property” is not linked to an inanimate object, but is instead linked to the negative and potentially harmful behaviors of another individual. In many cases, businesses fail to provide adequate security to their customers, and this gives rise to a significant injury risk. Depending on the circumstances surrounding the incident, a lawsuit against the business owner may be possible. So, what is the advantage of pursuing a lawsuit against the business owner? Generally speaking, individual criminals do not have the assets or coverage to compensate the injured victim for their losses. In order for the victim to obtain full compensation, they’ll have to establish the liability of defendants who have “deep enough pockets” to pay — here, the business owner. Reasonable Foreseeability is the Key Pennsylvania law does not make business owners absolute guarantors of the safety of their customers. Liability may only attach if the business owner knew or reasonably should have known about the dangerous condition of property. In the inadequate security context, the dangerous condition that the business owner knew or reasonably should have known […]
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Category: Personal Injury
Bethlehem Back Injury Lawyers The spinal cord is fundamental to both movement and sensation in the human body, and as such, an injury to the spinal cord can lead to impairment of these functions. Catastrophic spinal cord injuries often cause: Paralysis Shooting pain Burning pain Movement deficits Sensational deficits And more If you’ve sustained an injury to your spinal cord due to the fault of another party, it’s important that you seek the assistance of a qualified attorney who can help you litigate your claims. You may be entitled to damages under Pennsylvania Law. Contact Drake, Hileman & Davis, PC for comprehensive guidance. Catastrophic Injuries Require Significant Compensation The impairments caused by a catastrophic spinal cord injury may lead to damages that surprise most who are unfamiliar with the personal injury litigation process. Suppose, for example, that your legs are paralyzed in a car accident involving a driver who was operating their vehicle recklessly at the time of the accident. Following your accident, you can no longer work at your construction job. You may also struggle with the loss of enjoyment related to various social and physical activities that you can no longer partake in. Your participation in recreational sports may represent a significant loss from both a social and exercise-based perspective. As the injured plaintiff, you may recover for your pain and suffering, humiliation, mental anguish, lost wages, loss of future earning capacity, retraining costs, medical expenses, and various other losses. Timely and Compassionate Resolution Many plaintiffs suffering from […]
If you’ve been injured due to the negligent or wrongful misconduct of another party in Pennsylvania, then you may have a cause of action against the defendant for damages. These damages may not only compensate you for the financial losses and physical harm that you suffered due to your injuries, but also the emotional harm. Economic and Non-Economic Damages In Pennsylvania, compensatory damages in a personal injury case can be separated into two different categories: economic and non-economic damages. Economic and non-economic damages are fundamentally different than one another, though they are both critical to securing a full and adequate recovery. Economic Damages Economic damages account for financial losses suffered due to the accident at-issue. These may include, but are not necessarily limited, to: Lost wages Loss of future earning capacity Medical expenses Property loss And more Due to their more objective nature, economic damages tend to be rather straightforward to prove, though you’ll have to keep copious records to ensure that you have the evidence to support your claims. Non-Economic Damages Non-economic damages account for the physical and mental losses suffered by the plaintiff due to the accident. These may include, but are not necessarily limited, to: Pain and suffering Mental anguish Stress Embarrassment Humiliation Loss of enjoyment of life And more Due to their more subjective nature, non-economic damages can be difficult to prove, as the defendant may assert that your claim is “outrageous” based on the circumstances. Because they cannot experience what you are going through, they […]
Using Experts to Strengthen Your Injury Claim
If you’ve been injured in an accident that was caused by the negligence, recklessness, or intentional misconduct of another party, then Pennsylvania law may give you a right to sue and obtain compensation for the losses that you suffered. Before you move forward with your claims and bringing a lawsuit against the defendant for damages, however, you should probably be aware of the importance of expert witness testimony to successful litigation in many personal injury disputes. Here at Drake, Hileman & Davis, PC, we work with reliable experts who have helped us secure substantial results in the past. Our close connection with expert ensures that we are “on the same wavelength” from a case strategy standpoint, and that we can guide the expert witness to produce reliable testimony that is less likely to be undermined by opposing counsel. Let’s take a closer look. The Value of Expert Testimony Expert witnesses are quite different from eyewitnesses. Unlike eyewitnesses, expert witnesses typically did not observe the accident at-issue firsthand. Expert witnesses are those who are introduced into litigation to testify as to issues and facts that are related to some “special knowledge” that they possess regarding a particular field. For example, an auto industry engineer might be brought in to testify as to the expected tolerances for the roll cage of a vehicle (with regard to the force of impact it is capable of sustaining). Expert witness testimony is quite valuable in the personal injury context to help establish certain standards or […]
Allentown Injury Attorney In Pennsylvania, the statute of limitations for most personal injury claims — unless the defendant is a “public” employee or entity, in which case a separate, stricter set of procedural rules apply — is just two years from the date of injury. The statute of limitations is essentially a deadline for one’s lawsuit. Failure to bring an action against the defendant before the deadline passes will result in an abandonment of the claims therein. Simply put: you will lose your right to litigate your injury dispute in a Pennsylvania court of law should the deadline pass before you file your claims. There are numerous exceptions to the statute of limitations, however, which can give you extra time. The Discovery Rule is one such exception, and it is significant. If the injuries you sustained due to an accident were hidden or otherwise non-obvious, then there’s a good chance that the Discovery Rule is applicable to your lawsuit. Let’s take a closer look at how it works. How Does the Discovery Rule Work? According to the Pennsylvania Supreme Court, the Discovery Rule provides that “where the existence of the injury is not known to the complaining party and such knowledge cannot be reasonably ascertained within the prescribed statutory period, the limitations period does not begin to run until the discovery of the injury is reasonably possible.” Stated another way, the statute of limitations period will not begin to count down until the plaintiff either becomes aware of the injury […]
Recovering Damages for an Assault
If you’ve been intentionally injured by another person in Pennsylvania, then they may not only be criminally liable for having committed assault, but also civilly liable for the damages they caused you to suffer as a result of their actions. Many people do not realize that they are entitled to bring a civil action — independent of State prosecutors’ criminal case — against the individual(s) who assaulted them. This civil action is important, as it may give the injured plaintiff access to financial resources that covers their losses. For example, if you are badly injured in an assault and is thereby forced to resign from your position (due to your inability to perform the material duties of the job), then you could ostensibly sue and recover damages for those lost wages and the loss of future earning capacity, among other losses. So, how does a civil assault claim work? Let’s examine the basics. Understanding Assault In Pennsylvania, assault requires: The attempt to cause bodily injury to another; The attempt (by physical menace) to put another in fear of imminent serious bodily injury; Intentionally, knowingly, or recklessly causing bodily injury to another; or Negligently causing bodily injury to another with a deadly weapon. This may give rise to a civil claim for damages, as the victims of an intentional tort are entitled to sue and recover damages for the harm caused by the defendant. Suppose, for example, that the defendant pushes you into a dark alleyway and waves a gun at […]
If you’ve been injured due to the fault of another — their negligence, recklessness, or intentional misconduct — then Pennsylvania law may entitle you to pursue an action for damages. Importantly, the success of personal injury litigation often turns on the outcome of evidentiary battles. For example, whether your claim for damages succeeds might depend on whether you can prevent the defendant from introducing evidence that shines a negative light on your character. Excluding Irrelevant Evidence Evidence may only be admissible if it is relevant. Irrelevant evidence has no place in litigation. Rule 401 of the Pennsylvania code succinctly defines “relevance” in the evidentiary context. In accordance with the rule, evidence is relevant if: It has a tendency to make a fact more or less probable; and The fact is of consequence in determining the action. For example, in a slip-and-fall case, evidence concerning the regularity/consistency of the floor inspection schedule would likely be relevant, as it would help determine whether the defendant adhered to their duty of reasonable care. Not All Relevant Evidence is Admissible If the evidence is relevant — in other words, if it has probative value with regard to some material fact pertaining to the case at-hand — then you might still be able to prohibit its introduction. Rule 403 of the Pennsylvania Code describes the circumstances under which relevant evidence may be deemed “inadmissible.” Specifically, relevant evidence may be inadmissible if its probative value is outweighed by the danger of: Unfair prejudice; Confusing the issues; […]
Factors Making Crosswalks Dangerous
Pedestrian crosswalks can pose a serious problem for those looking to safely make their way across the marked road. Dangerous crosswalks can expose pedestrians to an unreasonable risk of harm, and further, the injuries suffered are very often severe — pedestrians hit in a crosswalk will be injured directly, which could lead to catastrophic injuries in some circumstances. Pedestrians may also be “lured” into using a crosswalk without realizing the danger in its design or maintenance. In Pennsylvania, and elsewhere, pedestrians who have been injured due to a dangerous crosswalk may sue and recover damages not only from the defendant-driver, but also from the entity that designed, maintains, or otherwise controls the crosswalk at-issue. What factors make a crosswalk dangerous? Let’s take a look at a few. Poor Visibility Crosswalks are often made dangerous for pedestrians by virtue of inadequate visibility around the crosswalk, or even on approach. Visibility may be influenced by a number of factors, such as poor lighting, sight line blockage (i.e., overgrown trees, buildings covering the approach, etc.), and having the crosswalk built on a road that features a sharp upward or downward angle. Signal Defects Not all crosswalks require additional signage or traffic signals, such as a pedestrian light that can be turned on by those using the crosswalk to notify incoming traffic. When such signals are implemented, however, pedestrians come to rely on them to ensure that the crossing will be reasonably safe. If the signal is not properly maintained — in other words, […]
Plaintiffs Should Not Exaggerate Injuries
If you’ve been injured in an accident that was caused by the fault of another, then you may have an actionable claim for damages under Pennsylvania law. It’s important that you do not exaggerate or misrepresent the nature or extent of your injuries, however — this is commonly known as malingering. Consequences of Misrepresenting Injuries Exaggerating or otherwise misrepresenting your injuries could damage your credibility as a personal injury plaintiff, thus making it difficult to obtain compensation. Even if your claim is legitimate, the jury may not feel comfortable accepting your version of events. Depending on the severity of the misrepresentation, and whether it can be proved, you could be exposed to criminal liability pursuant to Pennsylvania perjury laws. Further — though quite uncommon — the defendant may attempt to sue you on the basis of malicious prosecution, if they can show that you had some hidden, underlying reason for exaggerating your injuries. How Defendants Discover Inconsistencies Some plaintiffs believe that they can effectively “game” the system and exaggerate or otherwise misrepresent their injuries, but in truth, there are a number of mechanisms that allow the defendant to discover inconsistencies in the injury claim. These mechanisms include, but are not necessarily limited to: Evaluation of medical records that are inconsistent with the assertions being made by the injured plaintiff Court-ordered medical examination of the plaintiff Surveillance of the plaintiff (i.e., video surveillance, photos, social media posts, etc.) And more For example, if you injure your back in a car accident, […]
If you have been seriously injured due to a product failing to perform in the manner advertised by the seller, then you may be entitled to damages under Pennsylvania law. Product defect injury lawsuits are typically associated with strict liability issues that arise out of certain implied protections granted to products — for example, claims arising from injuries sustained due to a product failing to meet its implied warranty of merchantability (i.e., the product must reasonably conform to ordinary expectations). Importantly, however, those who are injured by a product may also bring a lawsuit on the basis of a breach of an express warranty. So, how do express warranties work in the product liability context? Let’s explore the basics for a clearer understanding. Breach of Express Warranty Basics In Pennsylvania, express warranties are formed in two instances: When a promise or affirmation of fact is made by the seller relating to the goods, and that promise becomes part of the basis of the bargain; or When a description of the goods becomes part of the basis of the bargain. When the express warranty has been formed, the product at-issue must conform to the warranty — either the promise, affirmation of fact, or description — or else the court will determine that there has been a breach. If this breach caused you to suffer injuries, then you will have an actionable claim for damages under Pennsylvania law. Breach of warranty claims can be somewhat confusing for plaintiffs who do not have […]
