Ian S. Abovitz

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This is the fifth in a series of posts summarizing the civil causes of action available under the PA Human Trafficking Statute. Thus far, I have addressed who can sue under the statute, who can be sued, and the powerful list of “nondefenses” provided within the statute. This post addresses the various types of civil damages that are recoverable under the statute.

The language of the PA Human Trafficking Statute provides that a victim may recover the following types of damages:

  • Actual/compensatory damages;
  • Punitive damages;
  • Injunctive relief;
  • Attorney fees and costs; and,
  • Treble damages.

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This is the fourth in a series of posts summarizing the civil causes of action available under the PA Human Trafficking Statute. Thus far, I have addressed who can sue under the statute and who can be sued. This post will address the powerful list of “nondefenses” provided within the statute.

The PA Human Trafficking Statute provides a very specific and comprehensive list of 14 factual scenarios that cannot be relied upon as a defense to a civil action brought pursuant to the statute. This list of “nondefenses” is as follows:

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This is the third post in a series of posts breaking down the civil causes of action available under the Pennsylvania Human Trafficking Statute. In my last post, I discussed who could bring a case under the statute; this post addresses who can be sued.

The text of the statute allows victims of the sex trade to bring a civil lawsuit against three separate categories of persons:…
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In the first civil lawsuit under the Pennsylvania human trafficking statute, a hotel in Northeast Philadelphia has been accused of providing rooms to human traffickers. The statute establishes that businesses that directly or indirectly benefit from human trafficking can be forced to pay compensation to victims. A person commits an offense if the person knowingly traffics or knowingly attempts to traffic another person, knowing that the other person will be subjected to forced labor or services.
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McDonalds has recalled 29 million Happy Meal toy fitness trackers in the U.S. and Canada because of reported rash and burn injuries. The McDonalds “Step It” trackers included two versions of brightly colored, wearable tech: one that counts steps, and one that signals walking speed with flashes of light. These Step It “toys” are not high dollar adult wear and yet the injuries reported—rashes and burns—are eerily similar to injuries from Fitbits that the company was forced to recall in 2014. Just three weeks ago, another company, Basis, recalled its Peak tracker for causing burns and blisters.
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In a recent blog post, Tesla revealed that the Model S vehicle that was involved in a fatal accident on May 7 in Williston, Florida was in Autopilot mode at the time of the collision. This marks the first known fatality in a Tesla vehicle where Autopilot was active. The National Highway Transportation Safety Administration…

According to a recent news release published by the Pennsylvania Gaming Commission, deer-vehicle collisions in Pennsylvania increase annually during the fall season due, in large part, to the fall breeding season. During the fall breeding season, deer tend to be moving around more than usual and they are not paying close attention to their surroundings…

In the case of Brown v. Trinidad, 2015 Pa. Super. 46 (2015), the Superior Court of Pennsylvania affirmed an $85,000 jury verdict in favor of a Plaintiff who had elected the limited tort option. In a March 9, 2015 opinion authored by Judge Lazarus, the court stated that the Philadelphia County jury’s determination that Plaintiff, Andrew Brown, sustained a serious impairment of bodily function as the result of a November 3, 2011 accident was proper.

At trial, Plaintiff presented testimony from medical expert Dr. Geoffrey Temple, who opined that Brown sustained a disc herniation at L5-S1 due to the subject accident. This injury was confirmed by MRI. Dr. Temple further testified that Brown’s injuries will have permanent effects on his life and he may require future medical treatment, including injections and/or surgery.

The jury was also presented with evidence that Brown began treatment with a chiropractor approximately three weeks after the accident when his pain became more severe. This treatment lasted for approximately five months, at which time Brown was informed that he had reached maximum medical improvement. Brown testified that he is no longer able to play with his daughter and that he has difficulty running and jumping due to his injuries.

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