Colianni & Colianni, LLC

Call Us412-943-0007

4001 Village Run Road, Wexford, PA 15090

Subscribe to this list via RSS Blog posts tagged in Negligence

Pittsburgh medical malpractice lawyer

For nearly two-and-half centuries in Pennsylvania, medical malpractice lawsuits could be brought against doctors in any region in which the doctors practiced medicine. However, in 2003, the Pennsylvania Supreme Court changed the rule and limited the venue options to the county in which the injury occurred. The rule change was due to growing fears that plaintiffs could “venue shop,” which could potentially cause medical insurance rates to increase and lead doctors to leave the commonwealth. Since plaintiffs could file their lawsuits in any county where the physician worked, they may have chosen to pursue legal action in an area where juries were more likely to find the doctor to be at fault.

Recently, the issue was reopened when the Pennsylvania Supreme Court suggested reinstating the previous rules governing venue selection. Those who are considering taking legal action for medical malpractice may wonder whether these rules should be reverted and whether the proposed changes would benefit the citizens of Pennsylvania.

...

pittsburgh personal Injury lawyerThe ability to prove negligence is one of the most critical factors needed to win compensation in a personal injury lawsuit. It must be proven that the at-fault person had a particular duty of care to you and that they breached that duty. In other words, you have to prove that the party you want to sue acted negligently in some way and that you suffered substantial injuries as a direct result of that negligence. 

Examples of Negligence or Breach of Duty of Care

Car accidents are one of the most common bases for a personal injury lawsuit. Drivers have a duty of care to other people on the street to drive with reasonable care and obey traffic laws. If a pedestrian lawfully crosses a street on a green light in a designated crosswalk and a driver on the cross street runs a red light and strikes the pedestrian, the driver would be considered at fault. 

Similarly, a business owner has a duty of care to their customers to maintain their facilities in a reasonably safe condition. If a customer suffered a severe head injury because an improperly-secured shelf fell, the store owner would likely be held liable for the customer’s injuries because they had a duty of care to make sure that their premises were free of dangerous hazards.

...
Back to Top