We all know that the basic elements of a tort case involve the existence of a duty with a breach of that duty that causes damages. We also know that there are common defenses which we face in our tort cases. Inevitably these are based upon one of the required elements for a valid tort claim. It is helpful, therefore, for us to review the defenses which we should have in mind as we prepare our case and go through…
Recently a friend asked for ideas on the defense “it would have happened anyway. ” I was motivated to give this some thought. I don’t have a good or magic answer, but here are some thoughts about this defense. Defendants often employ the defense that they are not at fault even if they were negligent. Because the harm would have happened anyway. This defense has an aspect of the “act of God” or inevitable accident claim. It is essentially an…
Shanin Spector is a partner in the Pennsylvania firm of Klein and Spector. Both are members of the Inner Circle of Advocates with multiple jury verdicts in excess of a million dollars. A book has been written about a trial Shanin Spector tried involving the death of Carrie Goretzka. The book, Danger Above tells the story of the 2009 electrocution from a downed power line and the verdict in Pittsburgh Pennsylvania. Here are some passages from the book I felt were significant…