Legal Question in Civil Litigation in Pennsylvania

Re: Lost Identification Card

The first thing you should do is send a letter to Eckerd's, certified mail, confirming the fact that they lost your card. If someone were to "steal your identity", it would be extremely difficult (though not impossible) to prove that it resulted from Eckerd's negligence. If you have any indication that your identity has been stolen, you should immediately contact either your local or state police. Hopefully, they would conduct an investigaton, and find out who stole your identity. Unfortunately, and depending on where you live, the extent of the police investigation might be limited or non-existent. Assuming that the police (or you )were able to determine who stole your identity, and assuming that you could produce evidence that this person obtained your SS. No. from your insurance card or from Eckerds, you could certainly bring a lawsuit based on Eckerd's negligence in losing or misusing your card. Your damages would be limited to your economic losses incurred as a result of the theft of your identity. Also, in Pennsylvania you can claim non-economic damages for the inconvenience and trouble you would have to got through as a result of correcting and dealing with the identity theft.

The major problem you face, however, is proving that Eckerd's is responsible for your identity theft. Unfortunately, almost anybody could obtain your social security number through a variety of sources. There are companies on the internet who, for a fee, could easily obtain your social security number. Co-workers, employees at your insurance company, your bank, and any number of companies have your social security name. If you ever had to sue Eckerds, they would certainly raise these issues as a defense. That is why actual proof of a link between Eckerd's negligence and the theft of your identity would be necessary.

I know of no actual civil cases brought in Pennsylvania over a situation such as you describe. Nevertheless, I know of no reason why such a case could not be brought, provided you had sufficient evidence. That is why it is essential that you document, in writing, this event in a certified letter to Eckerds. Hopefully, no one will steal your identity, but if you have any indication at all that this has occurred, call the police immediately.

I hope I've answered your questions, and if not, please feel free to e-mail me.