Negligence Choose a Firm With a History of Excellence

Understanding Negligence

Insight from Our Harrisburg Personal Injury Lawyers

Negligence is a key factor in personal injury cases. It occurs whenever a party – whether a person, company, employer, or manufacturer – fails to uphold the standard of care needed to avoid foreseeable harm to another person or their property. Negligence doesn't have to be intentional, so a person may be found negligent even if they had no intent to cause another person harm or damage. Unfortunately, even the smallest amount of negligence could result in a serious accident and injuries.

Pennsylvania has laws in place to protect victims of negligence. Under these laws, an injury victim has the right to pursue compensation for compensatory, punitive, and nominal damages. These may include medical expenses, property damage, time away from work, emotional pain and suffering, and acts of gross negligence.

What Could Be Considered Negligence?

People suffer serious injuries every day. Some of these injuries are caused by car accidents, dangerous products, lack of property maintenance, and various other issues. When another person's negligence led to these injuries, they may be held liable for the damages they caused.

Negligence could be considered any of the following:

  • Allowing a defective product to pass through inspection
  • Failing to properly test a consumer product, drug, or medical device
  • Being distracted while driving and causing an accident
  • Getting behind the wheel while intoxicated or drugged
  • Allowing dangerous conditions to exist on your property
  • Failing to provide proper workplace training and safety
  • Violating the standard of healthcare reasonably expected by a patient

Are There Exceptions to Incidents of Negligence?

It is important to understand that while negligence can be broadly defined, there are certain exceptions involved in some cases. For example, a premises liability claim may arise after a person slips due to a wet store aisle. While the property owner has a responsibility to keep their space hazard-free, the patron must also exercise reasonable care. If there was a warning sign or an obvious spill in front of them, the property owner may not be held liable.

Similarly, a car accident may involve multiple at-fault parties. If you were also distracted while driving, you could be held partially responsible for an accident involving a driver who was texting. Comparative negligence will determine if you can pursue damages or not.

Time Limit for Injury Cases Involving Negligence

Depending on the type of accident or incident that caused your injury, you may have limited time to file a claim. Statute of limitations are laws that dictate how long you have to file a claim after another party's negligence caused your injuries.

Typically, most injury and wrongful death cases in Pennsylvania involve a two-year statute of limitations. There may be cases where an extended timeframe is provided, such as in child injury cases. You may also have a shorter time limits to be aware of, for example, if you are bringing a case against a government party.

Need to find out if negligence caused your injuries? Discuss your case with our Harrisburg personal injury lawyers-call (888) 286-2850 or fill out our online form.

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  • “The lawyers at this office and their staff, Mr. [Attorney] DeVere and [Paralegal] Stephanie, his assistant, became the voice I didn’t have after the accident. They were my points of light.”

    - Ms. D. Lopez
  • “You guys were so easy to work with. There was no stress and the whole process was done in a timely manner. I would recommend Metzger Wickersham to everyone. Such a pleasure.”

    - Sharon Balent
  • “Attorney Painter was simply amazing...My wife had been fighting SSI for over three years. Since working with Metzger Wickersham her stress and anxiety levels were 100% gone.”

    - Carlos Bonilla
  • “Outstanding in every way no one has ever helped me more in my entire life like this firm. I highly recommend. Thank you very much.”

    - Gary Klinger
  • “They helped me with my case on a motor vehicle accident. They were kind, understanding, professional, and got the job done. They explained things, talked me through stuff, and answered any questions I had!”

    - Ms. Brianna Marquis
  • “Thank you for going that extra mile.”

    - Joanne Brenizer

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