Pennsylvania Mass Tort Laws

Just like in personal injury law, individuals who were wronged or believed that their rights were violated could pursue compensation by filing a claim under tort law. One of the differences between the two is that a tort occurs when any harm is done to someone, and the claim can be tried in civil courts. On the other hand, personal injury only requires physical harm. 

In Pennsylvania, one of the more common tort cases involves product liability. In 2022, Philadelphia County reported more than 400 product liability cases that were filed. A known tort case in the state is the lawsuit against Dutch sleep apnea therapy machine manufacturers, namely Philips North America LLC, Philips RS North America LLC, and Koninklijke Philips, N.V.

In October 2021, the Judicial Panel on Multidistrict Litigation combined several complaints against the Philips company in Pittsburgh for selling defective breathing machines. Consumers claimed that using the machines exposed them to several health problems, such as cancer, lung issues, and skin irritation, causing them to file a lawsuit.

This article aims to help Pennsylvanians know their rights and the legal processes in case they find themselves mired in a tort case.

Basic Tort Categories in Pennsylvania

Negligent Torts

In Pennsylvania, negligent torts occur when a manufacturer, employer, company, or individual causes harm to another party. This usually happens when they fail to uphold the standard of care. The defendant may be found guilty even if their actions were unintentional. 

Under negligence tort laws in the state, the victim has the right to obtain compensation for property damage, medical expenses, lost income, and emotional pain and suffering. To establish a negligence tort case, the plaintiff must prove the following:

• They suffered damages due to the at-fault party’s actions.

• The defendant breached their duty of care.

• The at-fault party’s negligence directly caused injuries.

Here are some examples of negligence in the state:

• Failure to provide proper workplace training and safety.

• A defective product having passed through an inspection.

• Failure to properly test a drug, medical device, or consumer product that made its way to the market.

• Ignoring dangerous conditions on someone’s property.

• Intoxicated or drugged driving.

Intentional Torts

Intentional torts in the state happen when someone deliberately commits a wrongful act towards another person. The action may be considered an intentional tort if it causes property damage, injuries, or privacy violations. As an example, if a person pushes someone and the latter gets hurt in the process, that person can be held accountable even if they did not want to injure the victim. This is because they intended to push the plaintiff. 

Below are some examples of intentional tort cases in Pennsylvania:

• Battery.

• Assault.

• Defamation.

• Trespassing.

• Invasion of privacy.

• False Imprisonment.

• Fraud or intentional misinterpretation.

• Intentional infliction of emotional distress.

However, there are exceptions for intentional tort cases in Pennsylvania. The state and its employees cannot be held accountable for intentional torts. Pennsylvania and its municipal employees have immunity against negligence claims.

For an individual dealing with an intentional tort case, the following are some defenses they can use when facing a civil action:

• Self-defense: They could say that their actions were aimed at protecting themselves from a reasonable threat.

• Necessity: The liable party could argue that they had no choice but to commit the action.

• Defense of property: The defendant could say that the reason for their action was to protect their property from any damage.

• Consent: The accountable party could prove that the plaintiff allowed them to take the action.

Strict Liability Torts

Strict liability torts in the state are restricted to three types of cases:

• Dangerous activities: Activities may be considered dangerous if they cause a high risk of injuries.

• Product defects: A plaintiff must prove that the product had a defect that resulted in unreasonable danger.

• Animal bites: The animal owner can be liable if their animal causes injuries to another person. However, in Pennsylvania, the compensation can be limited if the owner is not negligent. The victim can only recover compensation for medical expenses.

Other Tort Categories in Pennsylvania

Economic Torts

Economic torts, also known as business torts, involve actions that cause harm to the operation or profit of the business. Most of the time, these cases involve a breach of contract that results in business relationship issues. Below are some examples of economic torts:

• Fraud.

• Negligence.

• False advertising.

• Unfair competition.

• Breach of fiduciary duty.

• False designation of origin.

• Commercial disparagement.

• Negligent misrepresentation.

• Defamation (libel or slander).

Nuisance Torts

There are two types of nuisance torts in Pennsylvania:

• Private nuisance refers to any activity that does not involve physical trespassing but hinders someone from enjoying their property. An example of a private nuisance is loud noises heard in a neighborhood.

• Public nuisance involves any activity that may cause a threat to public welfare, safety, or health. This type of nuisance affects a large group of people. For example, the government or citizens may file a lawsuit if they suffer from serious health conditions due to pollution caused by a factory.

Tort vs. Crime in Pennsylvania

In Pennsylvania, tort refers to wrong actions done by a person or entity that cause harm to another party. It is a type of civil law that enables a victim to pursue compensation for breach of duty or negligence. Tort law aims to right wrongdoings between private parties. 

However, crime involves illegal conduct that is prohibited and punishable by the law or state. Any actions that risk public welfare are considered crimes. Here are the essential elements of a crime:

• Human being: The wrongful act must be done by a person.

• Mens rea: The plaintiff must prove that the defendant had a malicious purpose in committing the crime.

• Actus reus: To hold someone liable, the victim must prove that the defendant intentionally did the action.

• Injury: The victim must prove that the action caused injury or damage to them or to society.

Some examples of crimes in the state include aggravated and simple assault, rape, robbery, and murder.

Mass Torts in Pennsylvania

A mass tort in Pennsylvania involves the wrong actions of an individual or entity that affect multiple plaintiffs. This means that when a defendant causes injuries, damage, or death to a large number of people, it is considered a mass tort case. 

Anyone involved in a mass tort case can file claims and pursue compensation from liable parties. As stated earlier, they can receive compensation for medical expenses, lost income, and pain and suffering. Depending on the case, plaintiffs may receive different amounts of compensation depending on their sustained injuries. 

In Pennsylvania, dangerous drugs are a leading reason for mass torts. Some dangerous drug cases involve opioids, talcum powder, Zofran, taxotere, and Risperdal. 

If several individuals were harmed by a defective drug, they could file a mass tort claim against the manufacturing company and obtain financial compensation. Even if the victims suffered varying injuries, they can work together to hold the other party accountable.

Negligence victims can seek the help of an attorney in Pennsylvania to help them file a lawsuit against large corporations or companies. A litigation lawyer can help them navigate the legal process and the complexities of filing a claim.

Mass Torts vs. Class Actions

Oftentimes, mass torts and class actions are used interchangeably. Mass torts and class actions involve individuals seeking compensation from liable parties. These also involve a large group of people who share the same disputes. Both of these cases provide similar outcomes; however, they are handled differently. 

In a mass tort claim, each plaintiff is treated as an individual within the group. Each victim is required to have their own attorney and file their respective complaint. 

On the other hand, plaintiffs in a class action lawsuit are represented as one large group, with the experiences of the victims compiled for them to pursue compensation from the at-fault party. Most of the time, class action lawsuits involve a larger number of people, like having over 100 plaintiffs in a single case. 

Moreover, in a class action lawsuit, plaintiffs are not required to actively participate in the claim. They can just receive information or updates regarding their claim. This prevents groups from crowding a courtroom.

The Mass Tort Process

Individuals who want to file a mass tort claim are encouraged to work with an attorney to help them through each step of the process. The lawyer needs to review their medical records, hospital bills, and other related expenses for the damage or injuries sustained. They also assess the claims and pieces of evidence of other plaintiffs and determine whether they have similar cases.

If the attorney determines that the cases are similar, they will file a mass tort lawsuit against the accountable party. They will submit the required documents according to Pennsylvania’s statute of limitations. 

The court will consolidate the individual cases into a mass tort for a more efficient resolution and management. Both plaintiffs and defendants go through the discovery or pretrial process, where each of them obtains information from witnesses.

A mass tort lawsuit may enter multidistrict litigation, or MDL, if there are many victims involved. Through this, the lawsuit can be handled in a simpler legal process. However, the case may go to trial if the plaintiffs do not receive fair compensation. During an MDL, there are various factors to be considered:

• The degree of commonality among the victims.

• The geographical disparity of the plaintiffs.

• The number of claims associated with a single product or service.

Furthermore, a mass tort case can also go through a bellwether trial if there are a larger number of individuals who file a claim. During a bellwether trial, both plaintiffs and defendants can determine in advance how their case will proceed. Plaintiffs can see if their arguments and evidence are strong. It also allows defendants to assess if they want to settle the lawsuit through litigation or out of court. Moreover, it helps both parties foresee how future litigations will go. However, it does not guarantee positive outcomes for the next trials.

Pennsylvania Tort Liability Insurance Requirements

In Pennsylvania, all motor vehicles used for businesses must be covered by commercial auto insurance. This type of policy will protect entrepreneurs from out-of-pocket expenses in case their vehicles are involved in an accident. The state’s minimum commercial auto insurance covers the following:

• Medical benefits - $5,000

• Property damage liability - $5,000 per accident

• Bodily injury liability - $15,000 per person or $30,000 per accident

Businesses that use trucks might need to acquire additional coverage.

Individuals who file a mass tort lawsuit against a business may receive limited tort benefits from the at-fault party. If they were injured in a motor vehicle accident, they could receive monetary compensation for their lost income and medical bills. However, they cannot pursue compensation for long-term issues, like pain and suffering and emotional distress.

The Statute of Limitations for Tort Cases in Pennsylvania

There is a two-year statute of limitations in Pennsylvania. This generally applies to any civil action that involves individuals seeking compensation for wrongful acts, negligence, personal injury, and death. The statute of limitations begins on the date of the incident.

The following cases must be filed within the two-year span:

• Fraud.

• Battery.

• Assault.

• Asbestos exposure.

• Real property trespassing.

• False arrest or imprisonment.

• Malicious abuse or prosecution.

However, plaintiffs must keep in mind that mass tort claims filed against a state government agency, county, or city must be processed within six months. 

Furthermore, the two-year statute of limitations can be extended through the discovery rule. This means that the given period will not start until the victim becomes aware of their injuries or damages. To qualify for the discovery rule, the plaintiff must prove that they took certain actions to discover the damages or injuries, as well as their causes.

The statute of limitations for minors is also different; the period will not start until the individual reaches 18 years old. That is to say, they can process their claim until their 20th birthday.

Negligence victims may work with an attorney to help them clearly determine applicable deadlines.

How Much Can Someone Sue in a Tort Case in Pennsylvania?

In Pennsylvania, there is no cap on damages when pursuing compensation for someone’s negligence or wrongdoing. This means that they can recover an unlimited amount for their losses. Victims can seek economic damages, including:

• Lost income.

• Hospital bills.

• Physical therapy and rehabilitation.

• Prescription medication.

• Ambulance transportation.

• Surgeries.

They can also pursue financial compensation for non-economic damages, such as:

• Anxiety.

• Depression.

• Emotional distress.

• Permanent disfigurement.

• Loss of enjoyment of life or companionship.

In rare cases in Pennsylvania, plaintiffs can pursue compensation for punitive damages. Courts may opt to multiply the amount for this type of award. This means that if an individual is given $50,000 as payment for economic or non-economic damages, the court can triple the amount as a punitive measure for the defendant. Punitive awards are also limited to 200% of the plaintiff’s compensatory damages. 

Here are some examples of cases where compensation for punitive damages is given:

• Pharmaceutical companies that intentionally offer defective drugs.

• Doctors who intentionally provide substandard care or services.

• Animal owners who let their dogs attack other people.

Furthermore, the compensation of plaintiffs might be affected, especially if they are partially at fault for the incident. According to the state’s modified comparative negligence rule, if the plaintiff is more than 50% liable, they are not eligible to recover compensation. On the other hand, if they are 50% or less at fault, their compensation will be reduced depending on the percentage of their fault. 

For example, if the plaintiffs file a mass tort claim against a pharmaceutical company but were aware that the manufacturer sold dangerous drugs at the time, their compensation will be reduced if the court proves this information.

Other Legal Remedies in Tort Cases in Pennsylvania

Injunction

Tort cases in Pennsylvania may also enter a preliminary or special injunction to address any disputes. The plaintiff files a request with the court, asking another party to refrain from doing certain actions until the court gives a final judgment. They can file a temporary restraining order. Most of the time, preliminary injunctions or TROs are effective in resolving various issues, including:

• Contract or tort claims related to the sale or purchase of a business.

• Misappropriation of trade secrets, customer lists, or proprietary information.

• Partnership disputes.

• Employment or executive compensation matters related to performance bonuses and unpaid commissions.

A permanent injunction might take place if one of the parties is not satisfied with the outcome of the preliminary injunction proceeding.

Restitution

Victims of a crime in Pennsylvania are entitled to receive compensation. The judge will order that a specific amount of restitution be awarded to the plaintiff. Restitution in the state is court-ordered, which means that the defendant is obliged to pay the plaintiff regardless of their financial resources. Wronged individuals must keep all their receipts and bills and complete a restitution form from the Victim Service Programs.

Resources for Tort Victims in Pennsylvania

North Penn Legal Services

North Penn Legal Services is a nonprofit organization that caters to low-income residents in Northeastern Pennsylvania. It provides free legal representation to individuals dealing with non-criminal cases, including family law, consumer protection issues, discrimination, and housing evictions. The practice offers various legal services, including litigation representation and document preparation.

Legal Aid of Southeastern Pennsylvania

Established in 2001, the Legal Aid of Southeastern PA caters to low-income and vulnerable individuals in Montgomery, Delaware, Chester, and Bucks Counties. It offers legal counsel to Pennsylvanians and helps them have access to the courts. The organization handles cases involving family law, bankruptcy and debt relief, expungements and pardons, domestic violence, and public benefits, including SSI, SSDI, SNAP, and unemployment compensation.

Pennsylvania Legal Aid Network

The Pennsylvania Legal Aid Network is a client-centered organization that works with low-income individuals and domestic violence victims. It helps Pennamites achieve justice through its various civil legal services and remedies. The practice assists families and individuals with addressing different issues involving family safety, healthcare, employment, shelter, and food.