Common Personal Injury Questions

Wilkes-Barre, PA Accident & Injury Lawyers

Can a victim of a slip and fall injury be found responsible for falling?

The "Choice of Ways" Doctrine is often applied in slip and fall cases. The doctrine essentially holds that where a person has a choice of two distinct paths - one of which is perfectly safe while the other is subject to danger and risk - and the person chooses the dangerous path, that person is contributorily negligent. In order for the Doctrine to apply there must be evidence that the person made an unreasonable decision that exposed him to a hazard (s)he should have known existed. There must also be evidence of a safer course. The facts must put a reasonable person on notice of both the "safe" course and the "dangerous" course. Contributory negligence under the "Choice of Ways" Doctrine is not established where the dangerous condition is not obvious or reasonably known to the person. It should be noted, however, that a person cannot escape a finding of contributory negligence by simply alleging mere ignorance of the danger if the facts suggest they should have known.

The "Choice of Ways" Doctrine is a powerful tool for defendants accused of negligence in slip and fall cases. The doctrine shifts the analysis away from the defendants conduct and focuses on decisions made by the injured plaintiff. As a plaintiff, you must consider how the application of this doctrine might impact the merits of your case. Call 570-718-4900 for more information. Problem/Solved. Return to Top

How does Pennsylvania ensure frivolous lawsuits aren't filed?

A "Certificate of Merit" is required to be filed in any lawsuit that contains an allegation that a licensed professional deviated from a professional standard. This procedural rule, in effect since 2003, is applicable to all medical malpractice lawsuits filed in the Commonwealth of Pennsylvania. The requirement also applies to lawsuits against architects, CPAs, chiropractors, engineers, nurses, dentists, pharmacists and other professionals. The "Certificate of Merit" essentially certifies that another licensed professional has reviewed the matter and has supplied a written statement concluding that there is a reasonable probability that the subject of the complaint fell outside acceptable professional standards. The "Certificate of Merit" must be signed by either a party or their attorney and sanctions can be imposed if the certificate is filed improperly. More importantly, the Rules of Civil Procedure allow a court to enter a judgment of non pros and essentially dismiss the case if a "Certificate of Merit" is not filed in accordance with the rules. Return to Top

Are new technologies changing the way accidents are investigated?

A wide array of new technology is helping lawyers and forensic experts analyze and resolve complex liability cases. The use of high definition laser scans produces a "data cloud" which can accurately reproduce three dimensional models of accidents scenes or even vehicles. 3D analysis and scientific animation created from these "data clouds" can provide compelling demonstrative evidence for use in the courtroom. Scientific enhancement of video can reveal the existence of critical evidence and can even provide information on the speed of moving vehicles. Software is available that can enhance raw surveillance video so that previously unusable frames might help analyze an accident. Event Data Recorders have long been standard in commercial vehicles but they are increasingly used in passenger vehicles as well. A skilled expert can extract a wealth of information about a crash from a vehicles Event Data Recorder or even more common GPS devices. When you choose a lawyer to represent you in a serious motor vehicle accident case, make sure your lawyer is aware of these latest technologies and can put them to use for you. Return to Top

New Development in Medical Malpractice Cases

On October 17, 2012 the Pennsylvania Supreme Court issued an order rescinding Pennsylvania Rule of Civil Procedure 1042.72. The Rule was entitled "Medical Professional Liability Actions. Motion for Post-Trial Relief. Excessive Damage Award for Noneconomic Loss." This rule was promulgated by the Pennsylvania Supreme Court in 2004 in an effort to offer guidance on motions for post-trial relief in medical malpractice actions in the wake of reform measures passed by the legislature in 2002. The Rule allowed trial judges ruling on post-trial motions to find that jury awards for noneconomic damages were excessive and remit the award or even grant a new trial on the issue of noneconomic loss. The Pennsylvania Supreme Court Order rescinding the Rule is 'effective immediately. Return to Top

Is there a "most dangerous month" for pedestrians?

AAA Mid-Atlantic is reporting that a review of federal highway data finds that October is the deadliest month for pedestrians in Pennsylvania. The report is supported by data compiled by the National Highway Traffic Safety Administration. The statistics show that the most dangerous time of day is between 3 p.m. and 6 p.m. which is when most kids are getting out of school. Children walking home from school or a bus stop are often the victims of a pedestrian accident. Pedestrians are also warned of the risks of walking or jogging in the dark during the early morning or early evening hours. These statistics make it clear that drivers and pedestrians need to keep a better lookout for one another on the roadways at this time of year. Return to Top