We recently wrote about two court decisions involving people injured in accidents who were up against big insurance companies. One was favorable, the other posed a bit of a challenge to plaintiffs. In a separate, positive development, we have been seeing trial courts across Pennsylvania making it easier for accident victims to hold defendants responsible for especially egregious behavior in recent years.
Case 3: Alleging Irresponsible Negligence
In one of the most significant decisions denoting this trend, Monroe v. CBH20, a woman who was severely injured on a zip-line at a ski resort sued the resort, alleging that employees failed to monitor her speed or assist her safely despite her request, and that the resort had knowledge of the landing platform’s dangerous design.
The Ruling
After a trial court essentially dismissed the case, the Superior Court of Pennsylvania affirmed that allegations of recklessness and punitive damages are, in fact, sufficient to survive initial attempts by a defendant to have the claims dismissed. The court sent the case back to the trial court for further proceedings, leaving the ultimate decision to a jury or through settlement.
Bottom Line for Plaintiffs
When an accident is caused by more than just simple carelessness, your lawsuit may be able to pursue punitive damages. These damages are designed to not only cover your medical bills and pain, but also to punish the wrongdoer and deter similar behavior in the future that may put others at risk.
If the defendant’s actions were clearly reckless, like extremely dangerous driving, speeding or driving under the influence, the court is more likely to allow you to pursue these significant punitive damages, potentially increasing the total value of your claim. Some courts are even warning defense attorneys that trying to dismiss these claims could result in penalties for wasting the court’s time.
Let Us Help
We are particularly experienced in helping clients make a very strong case involving wrongdoing, even against insurance companies, casinos, or other large defendants.
Why not give us an opportunity to talk about your case? The consult is free, and we have helped many people who were in your position.
How to reach us:
- Text 215.372.8528
- Call 215.981.0999
- Message us through our website by clicking here.
Together, we can get you justice.