What is the Pennsylvania Negligence Law?
The word “Negligence” refers to the failure to take proper action, resulting in injury or harm to another. In the legal scope of things, negligence law definition would be the failure of a person to carry out his/her duty or behave reasonably as per how reasonable people should behave. Let’s dissect this negligence law definition further in order to understand it better. The negligence law definition states that it is the failure to take care, which then causes damage to a second person. The care, in question, in the negligence law definition, is dependent on the situation and a reasonably prudent person.
How is Negligence Proven in Court?
A prosecutor needs to be able to find the accused guilty on the following grounds in Court, for the charge of negligence to hold any water. What are these grounds? Let’s learn below –
- The duty to act must be proven
- After this, the failure of the duty to act needs to be proven
- The prosecutor has to be able to prove that the harm caused to the victim was because of this neglect of duty to act
- Also, it needs to be proven that significant harm was caused by the same neglect of duty
We will try to understand how negligence laws work better with the help of an example. Say, you are employed in an office. One day, a fire breaks out at your office and you learn that the office did not have the necessary fire alarm systems mandatory at commercial spaces. It had no designated fire escape nor did it store fire extinguishers. If you happened to sustain an injury while escaping, you can sue your boss for negligence. The boss is responsible for the safety of his/her employees and by not effectively fire-proofing the office, he/she jeopardized your life.
Negligence laws can be used to file a lawsuit against the boss here. All requisite grounds of negligence laws are met in this case – the boss had a duty to act, which he/she failed in and this failure resulted in injury to you.
Pennsylvania Negligence Law
Negligence Law Pennsylvania contains comparative negligence laws. The Pennsylvania Negligence Law is found in the Pennsylvania General Assembly Statute Section 7102. According to the Negligence Law Pennsylvania, a plaintiff’s contributory negligence doesn’t disallow him from seeking compensation from damages if he/she was less negligent than the defendant.
Basically, Pennsylvania Negligence Law determines the percentage of fault for every party involved in an accident and asks them to pay their share of contribution. Negligence Law Pennsylvania follows a 51% comparative negligence rule. As long as you were less than 51% at fault, you can recover damages. If you are found to be more at fault, you will not be liable to receive any damages.
Negligence Laws by State
Negligence laws by the State of Pennsylvania are scripted in accordance with the Fair Share Act of Pennsylvania. The Fair Share Act states that defendants will only have to pay for their share of the fault. Negligence Law Pennsylvania is convenient for dealing with a case with multiple defendants.
Punishment for Negligence in PennsylvaniaBeing found guilty under the Pennsylvania Negligence Law, you will have to serve due to punishment for negligence in Pennsylvania. Negligence laws by state vary in the US, Pennsylvania recognizes comparative negligence and so, punishment for negligence in Pennsylvania is determined by the individual’s percentage of fault which caused harm to the victim. You are only responsible to pay for the percentage of damage you have done unless you have more than 60% responsibility, the punishment for negligence in Pennsylvania will not debar you from claiming your portion of damages. As far as negligence laws by state go, Pennsylvania’s is well thought out.