Ryan Zavodnick | July 26, 2024 | Personal Injury
When you are injured because of the negligence or intentional torts of another party, you can file a claim for damages. Damages in Pennsylvania personal injury cases include economic and non-economic damages. However, before you can recover damages, you have the burden of proving the legal elements of your case.
Most personal injury cases require the injured party to prove the other party owed them a legal duty of care and breached the duty of care. They must also prove causation and damages.
Causation can be one of the most difficult elements to prove in a personal injury case. Causation is the link between the party’s breach of duty and your injuries. You must prove both actual and proximate causes. If you cannot prove both elements of causation, you could lose your case.
What Is Proximate Cause in a Pennsylvania Personal Injury Case?
The first thing to prove in terms of causation is actual cause. Actual cause is why something happened. Generally, we use the “but for” test to determine actual cause. For example, suppose a driver is texting while driving and runs a stop sign. The accident would not have happened if it had not been for the driver running the stop sign.
Proximate cause is the second element of causation. It is the element that creates legal liability for damages. Proximate cause is about making sure there is a reasonable connection between the party’s actions and the injuries in question. The injuries must be a reasonably foreseeable consequence of their behavior, in other words.
Examples of proximate cause in a personal injury case include:
- A store employee does not clean up a spill. It is foreseeable that a customer could slip and fall because the spill creates a slick surface.
- A landlord is aware that the flooring in a house is rotted. It is foreseeable that the flooring could give way, causing someone to fall.
- A driver consumes large amounts of alcohol before driving. It is foreseeable that the alcohol could impair the person’s driving ability and may cause an accident.
- A business stacks items on shelves without securing the items. It is foreseeable that the items could fall, hit a customer, or cause a tripping hazard.
- A restaurant knows that its refrigerator is malfunctioning but fails to have it repaired. It is foreseeable that the food could spoil, causing someone to develop food poisoning.
There are endless possibilities that could result in proximate cause for an accident or personal injury. The standard used to determine proximate cause is the reasonable person standard.
Would a person of reasonable prudence be able to foresee that the consequences of specific actions or inactions could cause injury to someone else? If so, a jury may find proximate cause for a personal injury claim.
Are Parties Ever Responsible for Unforeseen Events or Factors?
Generally, parties are not liable for unforeseen events or things they could not anticipate. However, there could be exceptions.
For example, drivers are not responsible for poor weather conditions. You cannot reasonably foresee that a sudden thunderstorm may cause downpours while you are driving home from work.
However, it is common knowledge that rain can cause roads to become hazardous. Therefore, drivers should reduce speeds during poor weather conditions. Suppose a driver did not slow down and take reasonable precautions to avoid an accident during poor weather conditions. In that case, a court may conclude that the driver’s actions were the proximate cause of an accident.
How Does Pennsylvania’s Contributory Fault Law Apply to Proximate Cause in a Personal Injury Case?
Parties who contribute to the cause of your injury could be liable for your damages. However, if you are partially to blame for causing your injuries, you may also be liable under Pennsylvania’s contributory fault standard.
Pennsylvania’s comparative negligence statute states that a party guilty of contributory negligence is not barred from recovering compensation for damages unless the negligence is greater than the negligence of the other parties. In other words, if you are 51% or more at fault for causing your injuries, you are barred from receiving compensation for damages even if you prove the other parties caused your injuries.
However, suppose your fault is less than that of the other parties involved in the accident. The law allows you to recover damages, but your level of fault reduces your damages. Therefore, if a jury finds you were 25% to blame for a slip and fall accident, you will receive 75% of the damages award.
How Can I Prove Proximate Cause for a Philadelphia Personal Injury Case?
Injured parties must prove all elements of a personal injury claim by a preponderance of the evidence. That means there is a greater than 50% chance that the other party’s conduct caused the accident or situation that led to your injuries.
Proving actual and proximate cause requires evidence. Evidence in a personal injury case may include:
- Police and accident reports
- Testimony from eyewitnesses
- Medical records
- Physical evidence from the accident scene
- Reports and opinions from accident reconstructionists and other experts
- Videos and photographs
- States from the parties involved in an accident
The evidence varies depending on the type of incident and the circumstances surrounding the accident. It would help if you could document an accident scene by taking photographs and making a video while you wait for police and emergency medical services.
It also helps to contact a personal injury lawyer as soon as possible. An attorney can investigate the accident to gather and preserve evidence to prove proximate cause and the other elements of a personal injury claim.
Get Help With a Personal Injury Case in Philadelphia, PA
If you or someone you love is injured in an accident, gathering evidence and dealing with an insurance claim can be overwhelming. The legal aspect of your case may be complicated.
If you have questions about a personal injury claim or accident, our personal injury lawyers are here to help. Reach out to our office to schedule a free consultation to discuss your case with an attorney.
Contact Our Personal Injury Law Firm in Philadelphia Today To Get Help With Your Case
If you’ve been injured in an accident and are contemplating a personal injury claim, reach out to an attorney to discuss your case. A Philadelphia personal injury lawyer can review your case and clear up any other misconceptions you may have about settlements and the claim process.
To learn more and get the help you deserve, call Zavodnick & Lasky Personal Injury Lawyers at (215) 875-7030 or contact us online.
You can also visit our law firm at 123 S Broad St #1220, Philadelphia, PA 19109.