Most Personal Injury and Wrongful Death Cases in Pennsylvania arise out of unintentional Negligent conduct. However, a wrongdoer can also be held legally liable for compensating an injury victim even if the conduct was Intentional or Criminal. The bad actor is liable for the harm caused by an Intentional or Criminal act, but the challenge is collecting the damages since insurance usually will not cover Intentional or Criminal conduct.

Legal Liability for Intentional Torts

A “Tort” is a wrongful act or omission that leads to legal liability for resulting harm (medical bills, lost income, pain and suffering, disability). A Tort can arise out of Negligence – a careless act or omission, Or it can arise out of an Intentional Act like Murder, Assault or Rape.

Intentional Torts are arguably much worse than Negligence. Such wrongs result from someone who intends to cause the harm, rather than someone who was just careless. Common Intentional Torts include Murder (intentional killing) Assault (intentional harmful touching) or even Sex Crimes like Rape.

In addition to deserving Compensatory Damages to make up for the Physical and Emotional Harm (medical bills, lost income, pain and suffering), victims of Intentional Torts can also seek Punitive Damages to punish Outrageous behavior and deter the Defendant from repeating the act.

Collection Challenges from Insurance Exclusions for Intentional or Criminal Acts

Despite Intentional Torts being strong cases, it’s often impractical to pursue them in Court because Liability Insurance Policies often exclude insurance coverage for Intentional or Criminal Acts.

If there is no Insurance, then the only way it makes sense to pursue an Intentional Tort is if the Defendant has Assets that can be pursued after the case is won or if someone else is jointly liable with the Defendant. If the Defendant has no assets, and no one else was culpable (like his employer or someone else responsible for preventing the harm), then pursuing a Lawsuit would be like trying to get blood from a stone.

The Importance of Experienced Legal Counsel

Since pursuing Intentional Torts can be fruitful because of serious injuries and egregious facts, but challenging because of Insurance Exclusions, it’s important to have your case thoroughly examined by an Experienced Personal Injury Lawyer who regularly pursues Intentional Tort cases.

You need to have a lawyer who will investigate all possible sources of insurance and assets to make sure that the victims of the Intentional Act or Crime receives Justice.

Tim Rayne is a Personal Injury Lawyer with the Chester County based Pennsylvania law firm MacElree Harvey. For nearly 30 years, Tim has been helping victims of Negligence and Intentional Torts understand their legal rights and receive fair compensation. Tim has law offices in West Chester and Kennett Square Pennsylvania and can be reached at 610-840-0124 or trayne@macelree.com or you can check out his website at www.TimRayneLaw.com.

Tim Rayne has experience helping victims of Intentional Torts including Murder, Assault, Theft and Sex Crimes.

There are billions at stake in the litigation against Monsanto that alleges that the popular weed and grass killer, Roundup, causes cancer, specifically Non-Hodgkins Lymphoma.

Roundup has been an immensely popular product since the mid 1970’s and earns sales in the billions for its manufacturer, Monsanto. However, the product has come under fire in recent years with countless lawsuits claiming that Roundup causes cancer and that Monsanto knew about it but has campaigned to keep it quiet while it continues to sell the product.

Monsanto and injured victims have been facing off in Trials, some resulting in defense verdicts and others resulting in multi-million or even billion dollar awards of compensatory and punitive damages.

So far, Monsanto seems committed to continuing to sell Roundup and to defend the lawsuits. There is always the possibility of the lawsuits resolving in a global settlement but, so far, each case is being battled out in court.

Contact Personal Injury Lawyer Tim Rayne if you have any questions about the Roundup Litigation or any other Personal Injury topic at 610-840-0124 or trayne@macelree.com or check out his website at www.TimRayneLaw.com.

After a snow storm in Pennsylvania, Property Owners have a duty to use reasonable care to plow, shovel and salt to make the property safe and, at the same time, Pedestrians have rights to claim compensation if they are injured because the Property Owner does not.

Property Owners are given a reasonable time period after the storm ends to make the property safe for Pedestrians. Property Owners cannot be expected to keep it completely safe during a storm, but afterwards they have a responsibility to plow, shovel and salt. They also have a duty to salt as the snow melts and re-freezes.

If a Pedestrian slips and falls and is injured after a snow or ice storm, he/she may have a legal right to be compensated. That right depends on how, where and when the fall occurs as well as the extent of the injuries and damages.

For more information on your legal rights after a Slip and Fall Accident, contact Tim Rayne at 610-840-0124 or trayne@macelree.com or check out his website at www.TimRayneLaw.com.

On January 29, 2024, the Pennsylvania Supreme Court decided Rush v. Erie Insurance holding that a Regular Use Exclusion was valid and could be used to deny payment of Underinsurance Benefits under a personal Car Insurance Policy. This decision has widespread implications for drivers of Company Cars as well as workers who regularly drive vehicles that they do not own.

Facts of the Rush v. Erie Insurance Case

Matthew Rush was a detective for the City of Easton and was injured while driving an unmarked police car owned by the City. The police car was insured by Traveler’s and had just $35,000 of Underinsured Benefits.

Rush and his wife had two personal car insurance policies with Erie, one with stacked Underinsured Limits of $250,000 for one vehicle and the other with stacked Underinsured Limits of $250,000 for two vehicles.

Both Erie policies contained identical “Regular Use Exclusions” of Underinsured coverage, which provided that the underinsured coverage did not apply to “bodily injury to you or a resident using a non-owned motor vehicle, or a non-owned miscellaneous vehicle, which is regularly used by you or a resident, but not insured for uninsured or underinsured coverage under this policy.”

The driver responsible for causing the crash injuring Rush paid his policy limits as did Traveler’s for the City of Easton’s Underinsurance Benefits.

However, Erie denied the Rush Underinsurance claim for $750,000 citing the Regular Use Exclusion. Erie argued that Rush was driving a vehicle he did not own but regularly used, which invalidated Underinsured Coverage on the Erie policies.

The Court Decisions

After the Underinsurance Coverage was denied, Rush filed a lawsuit in Northhampton County against Erie claiming that the “Regular Use Exclusion” violated the Pennsylvania Motor Vehicle Responsibility Law which mandates that insurance companies provide Underinsurance coverage unless the policy holder signs a valid waiver form rejecting such coverage.

The Northampton Court ruled in favor of Rush as did the Pennsylvania Superior Court.

However, in a reversal of fortune for Rush and other Pennsylvania policy holders, the Pennsylvania Supreme Court reversed the ruling and held that the Regular Use Exclusion does not violate Pennsylvania law and is permissible. Consequently, Rush could not claim Underinsurance Benefits under the Erie Policies.

Practical Implications for Drivers of Regularly Used but Non-Owned Vehicles

The practical implication of this decision by the Supreme Court is that it puts drivers who regularly use vehicles that they do not own (like company cars or vehicles used during the workday like government vehicles, construction vehicles or delivery vehicles) in a pickle.

If the Regular Use Exclusion had been determined to be invalid, then these drivers could have protected themselves and their families by purchasing large amounts of Underinsured Coverage on their own car insurance policies. That way, if they were injured in an accident while driving the non-owned vehicle, even if the responsible driver had little or no insurance, they could protect their right to full compensation by purchasing large amounts of uninsured and underinsured coverage. This would allow them to make a claim on their own policy and be fully compensated. In essence they could protect themselves and their families with their own car insurance choices.

However, with the Supreme Court upholding the Regular Use Exclusion, the net result is that the driver or a non-owned but regularly used vehicle cannot make a claim against his own insurance policy if it contains a Regular Use Exclusion. So, the policy holder has lost the ability to protect himself or herself.

This leaves the injured driver of a non-owned but regularly used vehicle reliant on the insurance choices of the owner of the vehicle. However, that owner could choose to waive Underinsurance benefits altogether or purchase limits as low as $15,000. This is a troublesome situation in that the vehicle must be used regularly for work, but might be grossly underinsured.

Given this landmark decision, I strongly recommend the following for anyone who must regularly drive a vehicle that they do not own.

First, try to find car insurance without a Regular Use Exclusion and make sure that you purchase high amounts of Underinsurance Coverage ($250,000 or more like Mr. Rush). Second, talk to your employer and find out how much Underinsurance coverage there is on the vehicle that you regularly drive. If the limits waived or are low, you should lobby your employer to significantly increase the limits to protect you and your family in the event of a serious accident.

Tim Rayne is a Pennsylvania Car Accident Lawyer with MacElree Harvey, Ltd. For over 25 years, Tim has been helping Pennsylvania Car Accident Victims understand their legal rights and receive fair compensation from insurance companies. Tim has law offices in Kennett Square and West Chester Pennsylvania and also meets with clients at their homes or virtually. Tim can be reached at 610-840-0124 or trayne@macelree.com or you can check out his website at www.TimRayneLaw.com.

Winter brings Snow and Ice making our roadways, parking lots and sidewalks Danger Zones. Slippery roads and overly aggressive driving results in Car Crashes. Property owners’ Negligence in failing to plow, shovel and salt their parking lots and sidewalks causes Slip and Fall Accidents.

Both Car Crashes and Slip and Fall Accidents lead to a variety of serious injuries like Head Injuries/Traumatic Brain Injuries, Neck and Back Injuries, Shoulder Tears and Fractures, Elbow and Wrist Fractures, Hip Fractures, Knee Injuries and Leg and Ankle fractures.

This makes Winter the most dangerous time of the year.

How can you avoid getting injured or sued after a Winter Snow or Ice Storm?

How Can You Avoid getting Injured in the Winter?

Here are some random Tips to avoid getting injured in Winter Snow and Ice Storms:

Tips for Drivers

• Get New Tires for your Vehicle
• Avoid driving in slippery conditions
• Clear all snow off your Vehicle’s windows for maximum visibility
• Clear snow off of your Vehicle hood and roof to prevent flying sheets of ice
• Drive more slowly and carefully
• Remember that Turning and Stopping are challenging in Snow and Ice
• Pay more attention on Hills and Curves
• Practice Defensive Driving – Be ready for others to make stupid mistakes
• If you have an accident and must leave your Car – Get away from the road and other drivers

Tips for Pedestrians

• Avoid going out during any Snow or Ice Storm
• If you must go out, then be mindful to wear slip resistant footwear
• Be careful where you walk – watch out for isolated Ice patches or Black Ice
• Walk more slowly – particularly on stairs and hills
• If you fall and are injured, take photos and video of the condition and the area

How Can You Avoid Getting Sued in the Winter?

• Prepare your vehicle for Winter with new tires
• Avoid Driving in bad weather
• Drive with extra caution – slow down and watch out on curves and hills
• Plow, Shovel and Salt your Property promptly after any storm
• Watch out for areas that melt and refreeze and diligently re-salt those areas
• Make sure that you have enough Liability Coverage on your Vehicles and Property in case you get sued for Winter Injuries

Tim Rayne is a Personal Injury Lawyer with the Pennsylvania Law Firm MacElree Harvey. For over 25 years, Tim Rayne has been helping injured accident victims understand their legal rights and pursue fair compensation from insurance companies. Tim has law offices in Kennett Square and West Chester Pennsylvania and also meets with clients in their homes or virtually via FaceTime or Zoom. Contact Tim Rayne at 610-840-0124 or trayne@macelree.com for a Free Legal Consultation regarding your Injury Claim.

One of the most common types of Personal Injury Claims in Pennsylvania is for Slip and Fall accidents on Snow or Ice. Whether or not an injured victim has a legal claim depends on whether the property owner was Negligent, which depends on the individual circumstances of each case.

Here are some general rules:

Falls During or Very Shortly After a Storm are Hard to Win

Negligence requires notice of a dangerous condition and a reasonable amount of time to correct it. Consequently, if a Slip and Fall happens during a Snow or Ice storm or very shortly thereafter, it’s difficult to argue that the property owner was Negligent.

Pennsylvania law acknowledges that it’s not possible to keep a property clear of Snow and Ice at all times. The law gives property owners a reasonable time after the storm to plow, shovel and salt to make the property reasonably safe.

Pennsylvania’s Strange “Hills and Ridges Rule”

Consistent with the premise that Negligence requires an opportunity to fix the dangerous condition, Pennsylvania law gives property owners time to clean up after a Snow or Ice Storm before facing potential liability for an injury.

Pennsylvania Courts created a Rule called the “Hills and Ridges Rule” which provides that when there are generally slippery conditions from a Snow or Ice storm, the property owner can only be held liable if (1) the Snow or Ice had accumulated on the area of the fall in ridges or elevations of such size and character as to unreasonably obstruct pedestrian travel; and (2) the property owner knew about it or it existed for such a time period that the property owner should have known about it.

Exceptions to the “Hills and Ridges Rule”

The Hills and Ridges Rule does not apply to all Slip and Fall incidents on Snow or Ice. Instead, it only applies to natural accumulations from storms.

If something else caused the slippery condition, like an improperly placed downspout or melt and refreeze from plowed or shoveled snow, then the Hills and Ridges Rule does not prevent a successful Slip and Fall lawsuit.

What to do if You have Been Injured on Snow or Ice in Pennsylvania

If you have been injured in a Slip and Fall accident on Snow or Ice, you should do several things to protect your legal rights:

• Take photos and video of the condition that caused you to fall
• Report the incident to the property owner
• Obtain medical treatment if you are injured
• Seek legal advice to determine your rights

Tim Rayne is a Pennsylvania Personal Injury Lawyer with the law firm MacElree Harvey. For over 25 years, Tim Rayne has been helping injured accident victims understand their legal rights and receive fair treatment from insurance companies. Tim has law offices in Kennett Square and West Chester Pennsylvania and meets with their clients at their homes or virtually. Contact Tim Rayne at 610-840-0124 or trayne@macelree.com or check out his website at www.TimRayneLaw.com.