Damages in a Wrongful Death Action When your loved one dies because of the carelessness or wrongful act of another person, you have a right to seek compensation for your losses in a wrongful death action. Contact a Pennsylvania wrongful death attorney about the types of damages you can pursue in … [Read more...]
Measures You Can Take to Prevent a Pool Tragedy
Measures You Can Take to Prevent a Pool Tragedy There's nothing like a dip in the pool on a hot day—but a pool can also be a dangerous place, what the law calls an "attractive nuisance." According to national statistics, more than 7,000 people drown every year, approximately 80% of them in private … [Read more...]
Third-Party Claims for Workplace Injuries
Third-Party Claims for Workplace Injuries When you have been hurt on the job, your first course of action will typically be to file a workers' compensation claim. In some instances, it may be your exclusive remedy, which means that you must seek all compensation for any physical or financial loss … [Read more...]
Strict Liability Claims
Strict Liability Claims As a practical matter, most personal injury claims are based on allegations of negligence, as developed through the common law. We've looked at the components of a claim based on negligence—the breach of a duty of care, causation, and actual loss—in other blogs. There are … [Read more...]
Defending a Strict Liability Claim
Defending a Strict Liability Claim Though most personal injury lawsuits are based on a legal theory of negligence, or breach of a duty to use reasonable care, there are also instances where an injured person may seek compensation based on a theory of "strict liability." We discussed the concept of … [Read more...]
Understanding Negligence: Actual Loss
Understanding Negligence: Actual Loss In earlier blogs, we explained the negligence principles of standard of care and of causation. There's a third requirement—you must also show that the defendant's breach of the duty to act as a reasonable person caused you to suffer actual loss. That may seem … [Read more...]
Understanding Negligence: Causation
Understanding Negligence: Causation In an earlier blog, we explained the requirement that a personal injury plaintiff show a breach of the duty of care in order to succeed in a negligence lawsuit for damages. That's only the first step, though. Once you've established a breach, you must then show … [Read more...]