In Pennsylvania, if you are injured on someone else’s property, you may be able to recover damages for pain and suffering, which includes both physical and mental pain and suffering.
Physical pain and suffering is the pain of the plaintiff’s physical injuries, including pain and discomfort that has already occurred, and pain that they will likely suffer in the future as a result of the defendant’s negligence.
Mental pain and suffering includes negative emotions the plaintiff suffers as a result of the incident including: mental anguish, emotional distress, loss of enjoyment of life, loss of life’s pleasures, fear, anger, humiliation, anxiety, and shock.
To understand this a little more, let’s take a look at the classic movie, Home Alone. What kind of pain and suffering might Harry and Marv, (the bad guys) be compensated for if they had been innocent guests, or plumbers, in the McCallister house?
Both Harry and Marv slip on ice that has “accumulated” at the front and back entrances to the home – a very common basis for a premises liability claim. Physically, they will probably have bruising and some longer term aches and discomfort. As they get up quickly and don’t appear to be seriously injured, these first injuries are probably of little to no value in a claim.
Next, Harry suffers burns to his hand on the dangerously hot front door knob, and to his head from the “inappropriately stored” blowtorch. On top of the immediate pain and suffering of second and third degree burns, they will have a long recovery period as the wounds heal, and such burns will leave permanent scarring (as we see in Home Alone 2.) If there was hair on Harry’s head before the incident, it’s not growing back. He could make a claim for this type of physical pain and suffering and if he has a negative feeling about his new appearance this could be mental pain and suffering.
Then Harry runs into a doorway blocked by glue-covered plastic wrap beside a carelessly placed fan and pile of feathers. Harry suffers the immediate physical discomfort of being covered in glue and feathers, and maybe some scratching of the skin or corneas, and will likely suffer more in the future when the feathers and glue are removed. These injuries do not appear serious, and are not likely to receive compensation.
Meanwhile, Marv gets an iron to the face when he innocently pulls on a light switch, and who can forget the underfoot nail on the stairs? Ouch. The homeowner really should have taken care of that hazard. As a result, Marv suffers burns to the face and probably some facial bone fractures (but, surprisingly, has no visible scarring from his burns in Home Alone 2.) Marv’s impaled foot looks particularly painful as he limps through the rest of the house and suffers additional injuries stepping on broken Christmas ornaments. At this point, he likely has serious tendon and tissue injuries, significant lacerations, and a risk of infection from a rusty nail, all of which he could include in his claim of pain and suffering.
And it’s not over yet. Harry and Marv fall on toy cars carelessly left lying on the floor, causing more bruising, abrasions, potential bone or muscle damage, and long-term aches and pains. They make it to the stairs only to get hit in the face by the swinging paint cans that the McCallisters left tied to ropes and precariously perched on the banisters to be unfortunately knocked over by their innocent son. More facial fractures, a likely concussion or two, and more pain in the weeks and months ahead as they recover.
Harry and Marv also suffer mental trauma as a result of the hazardous conditions on the McCallister’s property. The shock, anger, and fear during the initial series of injuries is clear as they are repeatedly injured and become wary of more hazards. Marv’s mental anguish is captured in his scream as the improperly restrained pet tarantula, Axl, creeps onto his face.
The lengthy physical recovery required for Harry and Marv’s injuries may lead to depression and loss of enjoyment of life, as they are unable to work in their Oh-Kay Plumbing and Heating business or participate in other activities that they enjoyed. The permanent scarring from burns or disfigurement from multiple blunt traumas to the face (also surprisingly not visible in Home Alone 2) may cause emotional distress and humiliation.
The scenes in the film are obviously exaggerated for comedic effect (which works!) but in real life, if visitors or invitees such as plumbers suffered any of these serious injuries, they could certainly have a valid premises liability claim that includes both physical and emotional pain and suffering.
If you have been injured on someone else’s property, contact Aversa & Linn to discuss if you can pursue a claim to recover financial damages for your injury.
