Archive for the 'Negligence Law' Category

Medical Malpractice in Pennsylvania

Tuesday, December 8th, 2009

I often get questions about possible legal claims arising out of poor outcomes from medical treatment.  The mere fact that a complication, injury or death occurred during medical treatment does not necessarily justify a Medical Malpractice case.  Instead, Pennsylvania law requires proof of several elements and the sworn testimony of expert witnesses before a case […]

Negligent Entrustment - Your Property Your Problem

Thursday, May 14th, 2009

Recently, the Pennsylvania Superior Court decided a Personal Injury case, Wittrien v. Burkholder, which arose out of a shooting which occurred in Lancaster County.  The central issue was whether parents of an adult child who lived with them and who legally purchased a gun could be held liable when he shot someone.  Although the parents […]

Compensatory Damages in Personal Injury Cases - Making Up For What Was Lost

Friday, April 25th, 2008

 
Sadly, no one has invented a time machine that can turn back the clock and erase the consequences resulting from bad decisions or irresponsible behavior.  That being the case, when bad things happen due to the careless, reckless or intentional acts of others, injured people can turn to the civil legal system for compensation to […]

Your Fault, Not Mine - The Comparative Negligence Defense

Thursday, February 21st, 2008

The primary defense in a Personal Injury negligence case, like a car accident or slip and fall case, is that the injured person contributed to causing the accident.  In Pennsylvania, this is called Comparative Negligence.  The defense, if proven in court, can reduce the compensation owed to a victim of an accident, or completely eliminate […]

Negligence - When Does an Accident Lead to Legal Liability?

Thursday, February 21st, 2008

Sometimes accidents just happen - car crashes, slips and falls, bad outcomes from medical treatment and other mishaps.  Not all accidents create legal liability. How do you know when someone is legally responsible for an accident?  A legal concept called “Negligence” determines when an accident can result in a legitmate lawsuit.
There are four elements which […]