Court decisions can teach many things, even when those cases involve unusual factual situations. For example, consider the recent case of a man who accused a woman of negligence because she allegedly distracted him and caused him to fall from a ladder while he was cutting a tree branch. While that might be a relatively unique circumstance, the ruling allowing the injured man to go forward with his case has implications for a wide range of injured people. Specifically, it teaches that you may be entitled to compensation for your injuries even in circumstances that you wouldn’t expect. The key is never to assume but instead to consult an experienced Pennsylvania premises liability attorney about your situation.
In the case of the man on the ladder, the trial court threw out his case, but the Superior Court concluded that he was entitled to go forward with his injury litigation. The Superior Court, in announcing that it had revived the man’s case, explained that, when it comes to a negligence case, the injured person has a certain set of things he must prove. He must prove that the person he sued had a legal obligation to act or refrain from acting in a certain way toward him. (This is called a “duty of care” in the law.) He also has to prove that the person he sued did not live up to that obligation and that this failure was what caused his injury.
Sometimes, a person may have a legal duty toward you based upon the relationship you have. Even in the absence of a specific relationship recognized by the law, a person may still owe you certain obligations. There are certain legal duties that apply very generally. For example, everyone has a duty to refrain from doing something that she “realizes or should realize that it involves an unreasonable risk of harm to another.” When the court considers such a claim, the judge will look at many things. As an example, in the ladder case, the injured man’s advanced age helped bolster his case. The appeals court wrote in its opinion that it agreed with the man’s argument that “unnecessarily and unreasonably walking towards an elderly man precariously perched upon a ladder, and heading under the soon-to-be-falling branch” could be the basis of a viable lawsuit.
Even if you’re not hurt as a result of falling from a ladder while cutting a tree branch, this man’s case still shows that there is a wide array of ways that another person can be liable and owe you compensation for your injuries. Whether you are hurt in a trip and fall, a slip and fall, or some other type of injury setting, it is worth your while to consult an experienced attorney and discover what your options are under the law. Reach out to the hardworking Pennsylvania premises liability attorneys at Needle Law Firm. Our team can offer you detailed, helpful advice and diligent advocacy to get you the results you need.
Contact us today for a free, no-obligation consultation by calling (570) 344-1266.
More blog posts:
Why a Pennsylvania Woman was Allowed to Continue Her Injury Case Against a Philadelphia Science Museum, Pennsylvania Accident Lawyer Blog, Dec. 7, 2017
Whom Do You Sue? A Philadelphia Case Offers Insight into the Workings of Some Slip-and-Fall Cases, Pennsylvania Accident Lawyer Blog, Oct. 16, 2017