Pennsylvania Liability Lawyers FAQ

When accidents happen, it is crucial to identify who is responsible for any personal injuries or property damage caused.  This is called establishing liability.  Determining liability is a necessary component for any personal injury, auto accident, medical malpractice or products liability lawsuit. Without an issue of liability, you have no case.

To help you understand liability and how it applies in Pennsylvania, the lawyers at the Scranton law firm of Munley, Munley & Cartwright have compiled a list of some frequently asked questions.

What is liability?

Liability is a legal concept that provides for a person to be legally and financially compensated when he or she has been wronged by someone else. Liability is based on the principle that an at-fault party was legally bound to exercise care to prevent harm and did not fulfill that responsibility. It does not matter if the harm was intentional or not.

Who can be held liable for an injury?

Determining liability can be complex. Even accidents that appear simple on the surface can end up having more than one party accountable for the resulting damage. For example, a car accident may be caused by negligent actions of multiple motorists, a manufacturer of a defective car part or even a government agency – or any combination of the three. Multiple parties can be held responsible for the accident in court. Pennsylvania’s several liability law allows for a person, company or other responsible party to be held liable for only their portion of the harm or damage caused. Because there have been recent changes to Pennsylvania laws involving liability involving multiple parties, it is best to consult with an experienced personal injury or accident attorney who can assess all possible defendants in your legal claim.

What is strict liability?

Strict liability means that someone can be held liable for any injuries that their actions or products caused, even if their actions were unintentional or not caused by negligence. With strict liability, the plaintiff does not have to prove that the defendant was negligent in order to be awarded damages, only that the defendant’s action caused harm. Strict liability typically comes into play in lawsuits involving dangerous activities (such as blasting or excavating), defective products or dog bite claims.

Is there a difference between liability and negligence?

Liability is a broad term used to describe fault. Negligence is one area of liability law, which allows you to make a claim against someone who fails to act in a way that someone else in the same circumstances would have done, causing harm to you. Negligence is the most common type of personal injury claim and is frequently seen in cases involving car accidents, amusement park injuries, aviation accidents, bicycle accidents, birth injuries, boat accidents, bus accidents, carbon monoxide poisoning, construction accidents, medical malpractice, motorcycle accidents, nursing home abuse, prescription injuries, swimming pool accidents, toxic exposure, traumatic brain injuries, truck accidents and wrongful death.

How long can someone be held liable for my injuries and/or property damage?

Pennsylvania has a two-year statute of limitations on personal injury, wrongful death, medical malpractice and products liability cases.

Contact Our Pennsylvania Lawyers Now  

At Munley, Munley & Cartwright, our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through teamwork and the use of our considerable legal resources and experience. For a free consultation regarding your negligence case, call 877-421-9173 or use our online form.