The situation of personal injury arises when the owner or possessor of a property fails the duty of providing care to the invitee. Certain laws are in place to address the complex cases of personal injury across every state, and Pennsylvania is no exception.
So, whether you sustain a personal injury in Philadelphia or Pittsburgh, you can always file a personal injury case against the responsible individual(s) for compensation. You can even hire an attorney to look after your case. Click here to learn more about the legal remedies an attorney can provide in case of personal injury.
Understanding different types of claims in personal injury cases
The plaintiff has to prove that the property owner or possessor was at fault and responsible for the accident. Once the plaintiff successfully establishes this, they might become eligible for compensation for medical bills, loss of wages, pain and suffering, etc.
The plaintiff has to prove the following in court to claim compensation-
- The defendant was obligated to a duty of care.
- The defendant breached the duty of care.
- The defendant’s failure to provide care resulted in the plaintiff’s injury.
- The plaintiff suffered damages.
However, the eligibility and determination of compensation depend on the liability applicable to the defendant. Depending on the circumstances, the liability can be broadly attributed to five categories.
General negligence
General negligence theory works on the principle of the Reasonable Person Standard to determine the level of care anticipated from the defendant. The court assesses what a reasonable person could have done in the same circumstances. If the defendant’s conduct fails to meet the standards, they are held negligent.
Comparative negligence
Comparative negligence is when the actions of the plaintiff are also partially responsible for the situation that led to injuries. The plaintiff may still claim the compensation despite being partially responsible, but the value of compensation can be reduced.
Strict liability
In cases of strict liability, such as product liability claims, the plaintiff is not required to prove negligence or intent on the defendant’s part. Instead, proving the defendant’s involvement in conduct that led to damages is sufficient.
Vicarious liability
A personal injury claim in which the plaintiff’s injuries resulted from the actions of a third party is regarded as a vicarious liability case. An employer being held liable for the negligence of an employee is the perfect example of vicarious liability.
Negligence Per Se
As opposed to proving the defendant’s negligence, the theory of negligence per se moves the burden of proof to the defendant. The defendant is presumed negligent and has to convince the court that the presumption is wrong.