In Pennsylvania, the law limits when you can sue the state or a municipality, including the City of Philadelphia. The concept of “sovereign immunity” provides a defense for both the state, or Commonwealth of Pennsylvania, and municipal governments, unless a statutory exception applies. The exceptions to the state’s immunity are detailed at 42 Pa.C.S. § […]
When prison officials assault or abuse inmates, the inmates may sue those officials and the municipality that runs the prison. A plaintiff inmate can hold the corrections officers directly responsible for the assault or abuse through theories of assault and battery or negligence. The inmate may also hold the municipality directly responsible through a claim […]
Pennsylvania law requires that all drivers maintain at least a minimum amount of liability insurance, in case they cause an accident. However, studies have shown that approximately 7% of Pennsylvania drivers do NOT have car insurance. Many more have only the state minimum coverage, which is $15,000 per injured person and $30,000 total per accident. […]
If you’ve been injured in a club, bar or restaurant, you may be able to seek compensation from the business for your losses, bills and pain and suffering. There are different theories of liability and different elements that you need to prove depending on the circumstances of how you were injured. If you were injured […]
If you have been injured on someone else’s property, in a slip and fall, trip and fall or in some other manner by a dangerous or defective condition of the property, there are a few legal issues you should be aware of. Holding the property owner or business responsible for your injuries often depends on […]
One of the determinations to be made before filing a lawsuit is where can each of the parties be sued so as to determine where a lawsuit is best filed. Recently, the Eastern District of Pennsylvania held that general jurisdiction by consent my be established where a defendant’s only contact with Pennsylvania is the defendant’s […]
Whether it be in the employer-employee setting or in the permissive user/family member situation, persons driving cars are often not the actual, listed owner. In those circumstances, after an accident, it is possible to sue the owner and assert a claim for negligent entrustment and sue the driver and assert a claim for negligence. Pennsylvania […]
The Pennsylvania Supreme Court has made it easier for individuals to sue over injuries caused by government vehicles. Generally, the state has immunity from personal injury lawsuits. One exception is if someone is hurt by a government agency vehicle when it’s “in operation.” Last month, the Supreme Court broadened the meaning of “in operation.” Past […]
Figuring out child support payments where high-income parents are involved now requires more than a calculation based on each parent’s income. The Pennsylvania Supreme Court has ruled that the children’s reasonable needs have to be considered. Otherwise, support orders that are wildly out of proportion can result. The recent ruling came in a case where […]
Recently, a federal appeals court rejected the appeal of a woman who said the trial court was wrong to bar her expert witness from testifying. She filed the appeal after a jury sided with the retail giant she had sued after slipping on a puddle of water in one of its stores. The appeals court […]
