This can include the relationship between a doctor and patient, a landowner and a visitor, or someone with custody of another. It states that the plaintiff’s contributory negligence will not bar his or her recovery, as long as the negligence does not surpass the causal negligence of the defendant. There are numerous ways an accident can happen. For example, in a car accident claim, the plaintiff must prove the defendant was negligent in the use of their vehicle. 42 Pa.C.S.A. Once that duty has been established, whether there was a breach is determined by asking “did the defendant breach the duty owed to the plaintiff—in other words, did the defendant fail to exercise the level of care required of them?”. Accident cases are very confusing, and injured victims need confident legal guidance during this turbulent time. v. Lackawanna College, 2017 PA Super 44. The Pennsylvania personal injury lawyers of Schmidt Kramer fight to recover fair compensation for those who have been injured due to another person’s negligence, this includes compensation for medical bills, lost wages, and pain and suffering. The theory of negligence has four elements that you and your South Bend personal injury attorney must establish to pursue a legal claim against the party that caused your injury. In other words, an award of $100,000 would be reduced to $60,000 if the plaintiff is found to be 40 percent responsible. Here is another example where proximate causation might be in dispute. One of the most important elements, and consequently one of the most often litigated, is a person’s duty to the injured party. All that matters is whether a law … Please call PhillyLaw at give us a call or submit an online form for a free consultation with one of our Philadelphia personal injury attorneys. This law is commonly utilized when more than one party is being sued. For instance, one of the elements is "damages," meaning the plaintiff must have suffered damages (injuries, loss, etc.) This act usually comes into play when there is more than one defendant. The material contained on this website may not be copied, reproduced, modified, transmitted, displayed, or distributed without written permission of Schmidt Kramer. Whether or not there is such a duty can depend on many things, but generally, it exists when there’s a special relationship between the defendant and the plaintiff. In law school, students are taught that there are 4 elements of negligence: duty, breach of duty, damages, and causation. If a doctor prescribed the wrong medication and you developed a tumor, then an expert witness will probably need to testify to connect the doctor’s error to your health issue. Negligence per se is not applicable in every situation. In negligence, a duty is the legal obligation to conform your conduct to a particular standard of care. Key Elements. A trash worker that was killed in a Franklin County car accident. The person struck by the car wants to sue the person who threw the ball onto the road. Marsha breached her duty by texting while driving and running a red light. A Dauphin County jury awarded this verdict to the parents of a brain injury. Pennsylvania’s Fair Share Act states that defendants in a personal injury claim are only responsible for their share of negligence. This field is for validation purposes and should be left unchanged. The basis for most civil lawsuits, negligence laws are established at the state level. In order for a plaintiff to win a lawsuit for negligence, they must prove all of the "elements. Mahoney v. Furches, 503 Pa. 60, 66, 468 A.2d 458, 461-2 (1983) (citations omitted). The third element is when the breach of duty results in … An uninsured motorist seriously injured a passenger in a car accident.Â, East Shore 209 State Street Harrisburg, PA 17101, Phone: 717-888-8888 Fax: 717-232-6467 Toll Free: (717) 888-8888, © Copyright 2011-2020, Schmidt Kramer. Liability waivers may help defendants when you are injured due to simple negligence, but in Pennsylvania, they will not protect a party who is grossly negligent or reckless and causes an injury. All materials contained on Schmidt Kramer website are copyrighted including trademarks, and other proprietary information including the content on its blogs, the home page, and all website pages. Section 7102 of the Pennsylvania General Assembly contains the state’s modified comparative negligence rule. Negligence is the element of a personal injury lawsuit that determines if the defendant's actions were atypical for the given scenario. Each defendant then must pay that percentage of the damages. 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