In Pennsylvania personal injury law, liability means that one party is legally responsible for the harm they cause to another party. If you have been injured due to someone else’s negligence or wrongdoing, understanding liability is crucial. It can make the difference in whether you will be able to recover compensation for your injuries and damages.
What Is Liability in Personal Injury Cases?
Liability, in the context of personal injury law, refers to the obligation of a party to compensate another for harm caused by their actions or negligence. To establish liability in a personal injury case, the injured party (plaintiff) must prove that the other party (defendant) was responsible for causing the injury.
In Pennsylvania, liability is most commonly determined by negligence. Negligence occurs when someone fails to exercise the appropriate level of care. This breach of duty leads to harm or injury to another person. This can apply to car accidents, slip-and-fall accidents, medical malpractice, defective products, and more.
By way of example, if a driver runs a red light and crashes into another car, injuring the other driver, the at-fault driver may be held liable for the accident because of their negligent action (running the red light). Since this negligent action caused the other driver’s injuries, the negligent driver would be considered liable.
Types of Liability in Pennsylvania
There are different types of liability that can apply in personal injury cases. Understanding the type of liability involved in your case can help you better understand how to pursue compensation. Here are the most common types of liability: =
Negligence Liability
As mentioned above, negligence is the most common form of liability in personal injury cases. To prove negligence, four key elements must be established:
- Duty of Care: The defendant owed a duty to the plaintiff to act in a certain way to prevent harm.
- Breach of Duty: The defendant failed to meet the required standard of care.
- Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries.
- Damages: The plaintiff suffered actual harm or injury as a result.
For instance, if a store owner fails to clean up a spill in a timely manner and a customer slips and falls, the store owner may be found liable for negligence because they did not fulfill their duty to maintain a safe environment for customers.
Strict Liability
Strict liability applies in situations where the defendant is held liable regardless of fault or intent. This is typically the case in product liability claims, where manufacturers can be held responsible for injuries caused by defective products. It doesn’t matter if the manufacturer was negligent in the production process.
For example, if a consumer buys a car with a defective brake system and the car malfunctions, causing an accident, the manufacturer may be held strictly liable. It will not make a difference if the manufacturer followed all safety protocols during production.
Vicarious Liability
Vicarious liability holds one party responsible for the actions of another. Typically, this arises in an employer-employee relationship. For example, if an employee causes an accident while performing their duties for their employer, the employer may be held vicariously liable for the actions of the employee.
In Pennsylvania, if a delivery driver causes a car accident while making deliveries for their company, the employer may be held liable for the damages caused by the accident. It doesn’t make a difference if the employer did not directly cause the accident.
Intentional Tort Liability
Intentional torts occur when a person deliberately causes harm to another. In cases of intentional liability, the defendant’s actions were intentional and not the result of negligence. Common examples include assault, battery, and defamation.
If a person intentionally hits someone in a dispute, they can be held liable for the injuries caused. The victim may seek compensation for both physical injuries and emotional distress.
How is Liability Determined in Pennsylvania?
In Pennsylvania, liability is determined based on the evidence presented in a case. The plaintiff must provide sufficient proof to establish that the defendant was legally responsible for the harm caused. This evidence may include:
- Witness Testimony: Statements from witnesses who saw the incident or have knowledge of the facts.
- Police Reports: Reports that document the incident, such as a car accident report or crime report.
- Medical Records: Documents that show the extent of the plaintiff’s injuries and the treatment received.
- Expert Witness Testimony: Professional opinions that explain how the defendant’s actions caused the plaintiff’s injury, such as testimony from accident reconstruction specialists or medical experts.
Pennsylvania follows a modified comparative negligence rule. This rule states that if a plaintiff is partially at fault for the injuries, their compensation may be reduced based on their percentage of fault. For instance, if a plaintiff is found to be 30% at fault for an accident, their award will be reduced by a corresponding 30%.
Contact a Scranton Personal Injury Lawyer for a Free Consultation
If you’ve been injured due to the negligence or intentional actions of another party, understanding liability is essential to your ability to recover monetary compensation. At Fellerman & Ciarimboli Law PC, we are here to guide you through the process of determining liability, collecting evidence, and pursuing your claim.
Contact our Scranton personal injury attorneys in Pennsylvania today at (570) 714-4878 for a free consultation. We work on a contingency fee basis, so you won’t have to worry about upfront costs or hourly rates. Let us help you navigate the legal complexities and fight for the compensation you deserve.