Q:

Who are the Parties in a Pennsylvania Civil Suit?

A:

Plaintiffs

The main parties in a civil suit are called plaintiffs and defendants. Plaintiffs are the individuals who file the lawsuit. They control the action, are entitled to all information relating to the case, and make decisions, such as when to settle. The plaintiff in a Pennsylvania civil suit can be the crime victim, survivors of the crime victim, or persons responsible for the crime victim.

Family Members

Family members who might bring a civil suit include the parents, spouse, children, or siblings of the crime victim.

 Defendants

The defendants are the parties against whom civil actions are brought. The defendants in a Pennsylvania civil suit can be the perpetrators, persons who helped the perpetrators, or individuals or organizations whose negligence has contributed to the commission of the crime (third parties).

 Offenders

The offenders are the individuals who committed the original offense, regardless of whether they were found guilty by a Pennsylvania criminal court.

 Third Parties

In some civil cases, a “third-party” defendant may be held liable. Third-party defendants are not the persons who actually committed the crimes, but instead are those parties who may have contributed to or facilitated the crimes. Examples of possible third-party defendants in a Pennsylvania crime victim’s case include:

 -- Landlords who failed to provide adequate security, such as locks on doors and windows and adequate lighting;

 -- Colleges that failed to provide adequate security for students or failed to notify students of campus assaults, leaving students at risk;

 -- Shopping malls that did not hire security guards or take other necessary measures, even when it was likely that criminals would attack customers;

-- People who allowed children access to firearms or other dangerous instruments when the children, in turn, used the weapons to injure other people;

-- Schools, churches and child-care centers that did not properly check the backgrounds of their employees, or simply transferred employees to other locations following allegations of abuse; or

 -- Tavern owners or social hosts who continued to serve alcohol to intoxicated persons who later injured other people in drunk driving accidents.

The Monahan Law Practice
300 North Pottstown Pike
Suite 210
Exton, PA 19341-2233

Phone: (610) 363-3888
Fax: (610) 363-2429