What is Liability?
Liability is the legal responsibility for one’s acts or omissions; an obligation one is bound to by law to perform, typically involving the payment of monetary damages. It is one of the most significant words in the field of law.
According to Black’s Law Dictionary, liability is defined as “the state of being legally responsible for something, such as a debt or obligation.” As such, it assumes that a person is responsible for the harm they cause another. There are several different types of liability including contractual liability, when one party breaks a contract, tort liability from civil wrongs, or strict liability where a party is held responsible for damages, regardless of fault.
Liability is important in law because it ensures individuals are held responsible for their actions, and that injured parties receive compensation. An example of a liability is a driver who causes an accident by driving recklessly. The driver will be held liable for any resulting injuries to people and property. Understanding liability is essential for individuals, businesses, and legal professionals to navigate legal responsibilities they owe to others.
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Takata Recall hits 33.8 Million: Is your car safe to drive?
Takata Corp. expanded its recall to 33.8 million vehicles on Tuesday, May 19, finally acknowledging that its airbags are defective after months of resisting the National Highway Traffic Safety Administration. This is the largest auto recall in U.S. history.
The defective airbags leave millions of American drivers in danger, especially because drivers don’t yet know which makes and models are affected. The list of recalled vehicles has been growing since last year, and the number of vehicles affected doubled as of the announcement on May 19th. The NHTSA and automakers are still working to sort out the “definitive list” of unsafe makes and models. Meanwhile, drivers are in the dark, and may be in danger and not yet know it. All they can do is check safercar.gov frequently for updates.
The defective airbags manufactured by Takata have been linked to six deaths and over 100 injuries caused by metal shrapnel that is released into the cabin when the airbags deploy. […]
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Attention, coffee lovers: Keurig recall
Popular coffee machine reportedly causes burns, Keurig recalls 7 million units
Keurig Green Mountain, Inc., a popular manufacturer of single-cup coffee brewing systems, issued a recall this morning on approximately 7 million of its coffee brewing machines in the United States following about 90 reports of burn injuries and 200 reports of product defects. According to the Consumer Product Safety Commission, the defect allows hot liquid to escape during the brewing process, and in some cases this has caused burns.
Specifically, it is the Keurig MINI Plus Brewing System that is affected. The company is offering a free repair kit to customers whose Keurig brewers have been recalled.
In the meantime, Keurig states that it is safe for consumers to continue to use the coffee maker. According to their representatives, the machines are more likely to overheat and spit hot liquid when brewing multiple cups in quick succession. […]
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Munley Law Personal Injury Attorneys Attorneys Named to 2015 Best Lawyers® in America List
Munley Law Personal Injury Attorneys is pleased to announce that five partners have been named to the 2015 Edition of Best Lawyers. Munley Law Personal Injury Attorneys has also been listed among the 2015 “Best Law Firms” by U.S. News & World Report.
- Robert W. Munley, Sr., Personal Injury Litigation – Plaintiffs and Product Liability Litigation – Plaintiffs
- Marion Munley, Personal Injury Litigation – Plaintiffs and Product Liability Litigation – Plaintiffs
- Daniel W. Munley, Personal Injury Litigation – Plaintiffs
- Robert W. Munley III, Personal Injury Litigation – Plaintiffs
- James Christopher Munley, Workers’ Compensation Law – Claimants
Munley Law Personal Injury Attorneys was ranked in the top tier of Personal Injury Litigation law firms in the annual ranking by U.S. News & World Report, based on peer and client reviews. […]
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Auto Accidents Caused by Defective Roads
Sometimes it is the road that is at fault in an auto accident. Defective road conditions can cause a driver to lose control of his/her car, leading to an auto accident that can result in serious personal injury or death. But when the road is at fault, who is responsible for your injuries?
Roads in Pennsylvania are the responsibility of either the state or local municipalities. Although Pennsylvania’s Sovereign Immunity Act generally bars suits against the Commonwealth and other government entities, dangerous conditions on highways created by potholes, sinkholes or similar conditions are exempt from sovereign immunity.
The Pennsylvania defective road condition car accident attorneys of Munley Law believe that when hazardous road conditions lead to accidents, injury, or death, the responsible government agency and/or a private contractor that worked on the road should be held accountable. The victims of accidents caused by unsafe roads deserve full and fair compensation for their injuries and losses. […]
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As families begin to settle with GM over crashes, is it too little too late?
Last week, more than a dozen families were given a choice to accept a settlement or fight GM in a potentially lengthy court battle over deaths in crashes tied to faulty ignition switches. The families of two Wisconsin girls killed in the 2006 crash of Chevrolet Cobalt accepted offers from GM, dropping a lawsuit in favor the settlement.
The crash that killed 18-year-old Natasha Weigel and 15-year-old Amy Rademaker was one of the first blamed on the faulty switches. According to ABC News, a Wisconsin state trooper investigating the crash made the connection between the position of the ignition switch and the air bags not deploying. An investigation into GMs delay in handling the recall found that both GM and the National Highway Traffic Safety Administration (NHTSA) were aware of the trooper’s report, but largely ignored it.
Despite evidence from this crash and others that faulty ignition switches were causing engines to stall and air bags to be disabled, […]
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Community Health Systems hacked, affecting many in NEPA
Hackers broke into Community Health Systems, stole data on 4.5 million patients
Community Health Systems, the owner of Moses Taylor and Regional Hospitals in Scranton, Wilkes-Barre General, Tyler Memorial near Tunkhannock and First Hospital in Kingston, announced Monday that it was the target of a cyber attack.
Community Health Systems operates 206 hospitals across the country, including those mentioned locally. The company said that hackers broke into its computers and stole data on 4.5 million patients. According to reports on Fox News, they believe the attack originated in China.
CNN reported that the hackers gained access to names, social security numbers, addresses, birth dates and phone numbers, which is considered a breach under HIPPA. Anyone who received treatment from a physician’s office tied to a network-owned hospital in the last five years, or was merely referred by an outside doctor may be affected. […]
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Kids and pets left in hot cars can have tragic ending
Leaving a child unattended in a vehicle on a hot summer day can lead to heatstroke and can kill in minutes. The Department of Earth & Climate Sciences at San Francisco State University reported that there have already been 21 child deaths this year due to heatstroke from being left in a hot vehicle.
Tragedy can strike when parents or caregivers forget or knowingly leave children or pets in hot vehicles. It can also occur when unattended children play in parked vehicles. A car can heat 20 degrees in just ten minutes. Even with temps in the 60s, the interior of a car can eventually heat up above 110 degrees. A child will die of heatstroke when their body temperature reaches 107 degrees, according to the National Highway Traffic Safety Administration (NHTSA).
The issue of child heatstroke deaths reached national attention in June when a father in Atlanta said he forgot his son in the car seat while he was at work all day. […]
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Attorney Marion Munley’s Article on the Vanishing Jury Trial in The Scranton Times
As seen in The Scranton Times. America’s long and proud history has been shaped by lawyers and judges who made lasting contributions to the preservation of individual liberties guaranteed by the Constitution. To the Founders, the right to jury trial, secured by the Seventh Amendment, was on par with the right to vote and the right to free speech. In the initial draft of the Declaration of Independence, Thomas Jefferson’s litany of abuses by the king included, prominently, “depriving us of the benefits of trial by jury.”
Jefferson considered “trial by jury as the only anchor ever yet imagined by man that holds the government to the principles of its Constitution.” Jurors are true public servants who commit their time, critical thinking and impartiality to their fellow Americans. Jurors serve as checks and balances on our judicial system, and a jury trial is a fundamental right critical to our democracy. […]
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Munley Law Personal Injury Attorneys Attorneys Selected for 2014 Best Lawyers in America
Five attorneys from the Munley Law Personal Injury Attorneys firm have been selected by their peers for inclusion in The Best Lawyers in America 2014. Best Lawyers is the oldest and most highly-respected peer review guide to the legal profession worldwide. Robert W. Munley, Sr. and Marion Munley were selected in the fields of Personal Injury Litigation – Plaintiffs, and Product Liability Litigation – Plaintiffs. Robert W. Munley, III and Daniel W. Munley were selected in the field of Personal Injury Litigation – Plaintiffs. James Christopher Munley was selected in the field of Workers’ Compensation Law – Claimants.
History Speaks For It’s Self
For more than 55 years, the family of lawyers at Munley Law Personal Injury Attorneys have been helping clients all over the country with their claims. Munley Law Personal Injury Attorneys has proven time and again to be leaders in truck accident litigation, […]
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Allstate’s $950,000 Blunder
Allstate required to pay out nearly a million dollars after delaying insurance coverage of fatal car crash
Attorney Daniel W. Munley, a partner in the law firm of Munley Law Personal Injury Attorneys, negotiated a $950,000.00 settlement on behalf of the family of a teenager killed in an automobile crash in 2001.
The defendant, who received his driver’s license just weeks before, was driving his mother’s Camaro at an excessive speed when he crossed double yellow lines to pass another vehicle and lost control of his automobile. The plaintiff’s son was thrown from the vehicle and suffered a fatal wound.
The defendant’s insurance company, Allstate, failed to pay its obvious driver’s liability and delayed the case for a number of years. Attorney Munley offered Allstate numerous opportunities to act in good faith, essentially requiring them to pay out the policy limit of $25,000.00. After a time extension and several attempts to contact Allstate, […]
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More Than 260,000 Children Injured in Toy-Related Accidents
Toy-related injuries land hundreds of thousands of children in the ER in 2011
A serious accident involving your child is one of life’s most wrenching experiences. A family’s ordeal is compounded if the child’s death or serious injury occurred in a preventable accident caused by an unsafe toy or dangerous product. If you believe your child was injured by a dangerous toy, talk to attorneys who know the law regarding unsafe toys.
A recent report on toy-related injuries by the U.S. Consumer Product Safety Commission says there were 262,300 children treated for toy-related injuries in U.S. hospital emergency rooms in 2011. While most children were treated and released, some suffered serious injuries or even fatal injuries. Thirteen children younger than age 15 died of toy-related accidents in 2011, the consumer product safety commission reported.
Most toy-related deaths were caused by asphyxiation or drowning. […]
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Injury Rate From Bounce Houses Soaring
Pennsylvania parents thinking of renting a portable bounce house or moonwalk for their child’s next party might want to think again.
Every 46 minutes a child is injured in an inflatable bouncer, according to a recent study in the journal Pediatrics.
Thirty children are taken to emergency rooms each day for broken bones, sprains, cuts and concussions from bounce house accidents. Their average age is seven years old.
Most are hurt when they collide with another bouncer or fall inside or outside of the inflatable device.
Following is from a CBS News report:
- Falls accounted for 43 percent of injuries, followed by stunts and collisions. Forty-four percent of the injuries occurred at a recreational setting and 38 percent occurring at home.
- More than 27 percents of injuries were fractures, with another 27 percent reported as strains or sprains; […]
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Munley Law Personal Injury Attorneys Ranked Among 2013 ‘Best Law Firms’ by U.S. News Media Group and Best Lawyers®
The Pennsylvania law firm of Munley Law Personal Injury Attorneys, has received a Metropolitan Tier 1 ranking in the practice area of Personal Injury Litigation – Plaintiffs (Allentown) in the newly released 2013 “Best Law Firms” rankings from U.S. News Media Group and Best Lawyers.®
The firm has also received a Tier 2 ranking in the area of Workers’ Compensation Law – Claimants (Allentown) in the third edition of the rankings, which can be found online at http://bestlawfirms.usnews.com.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.
In addition to the firm’s practice area rankings, four lawyers from Munley Law Personal Injury Attorneys, […]
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PA Cheerleaders Warned of Injury Risk
By now most young athletes and their parents in Pennsylvania are aware of the risk of sports injuries, particularly concussions in football.
Less appreciated are the risks that cheerleaders face – but the American Academy of Pediatrics hopes to change that.
The AAP has issued a policy statement urging coaches, parents and school officials to take steps to make sure cheerleaders get the same coaching, care and protection as quarterbacks and point guards.
In recent years, cheerleading has gone from exhorting crowds at football games to a year-round activity that combines acrobatics, dance and gymnastics.
Participation has skyrocketed. From 1990 to 2003, the number of U.S. cheerleaders age 6 and older increased from 3 million to 3.6 million, according to the AAP.
Unfortunately, the injury rate has also soared. Since 2007, there have been 26,000 cheerleading injuries in the U.S. […]
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Pennsylvania Dog Laws Are Being “Aggressively Enforced”
While Governor Tom Corbett focuses on protecting Pennsylvania residents, he also ensures that those residents who can’t take care of themselves are properly cared for – including animals. Last week he announced the Dog Law Enforcement Office is aggressively enforcing the State’s dog laws to protect man’s best friend.
According to the press release, the Dog Law Enforcement Office is focused on “protecting the well-being of dogs and puppies across the state.”
“Pennsylvania has one of the toughest dog laws with the most aggressive protections for adult dogs and puppies in the nation,” said Michael Pechart, acting director of the office. And his office takes enforcement seriously. Of the nearly 300 kennels that were once in operation in the state, just 51 remain.
The Enforcement Office is also working to increase enforcement of dangerous dog laws by citing owners who fail to register their dangerous dogs with the office, […]
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Judge Rules Person Who Sent Text Resulting in Motorcycle Accident Not Liable
At the end of May we reported on the distracted driving lawsuit brought by a couple who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting. The couple claimed that not only should the teen driver of the vehicle that hit them be held liable for their motorcycle accident, but so should the driver’s girlfriend, who sent him a text message just seconds before the crash.
The judge ruled last week in the first case of its kind to hit the dockets in the U.S. He dismissed the claims against the woman in the lawsuit ruling that the person sending the text to which the driver was responding “cannot be held liable.”
The ruling sends the message that it is not the responsibility of the texter to monitor where the recipient of a text message is when responding to a message. […]
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CDC Lowers Amount of Lead Considered Toxic in Children
CDC lowers toxicity level of lead by 50 percent
Our Pennsylvania product liability attorneys have reported on numerous occasions about the dangers posed to children from every-day products – including batteries and magnets. While both of these pose swallowing hazards to children, some toys have been shown to contain lead which can lead to lead poisoning.
The U.S. Environmental Protection Agency reports that excess lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. The EPA reports that children six years old and younger are most at risk. Some of the adverse affects from lead exposure include: damage to the brain and nervous system; behavior and learning problems, such as hyperactivity; slowed growth; hearing problems; headaches; anemia; and in rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death. […]
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SOUND Devices Act Closes Product Liability Loophole
Scranton, PA, February 23, 2012 – Pennsylvania product liability lawyer Caroline Munley today called for passage of a bill that would enable the U.S. Food and Drug Administration to reject medical devices that are modeled after devices already known to be flawed.
“The SOUND Devices Act closes a loophole that allows medical device manufacturers to basically skirt the FDA approval process,” said Munley, a partner in the regional law firm of Munley, Munley & Cartwright, whose Pennsylvania product liability attorneys represent consumers and patients who are harmed by defective products, including flawed medical devices.
“A process that avoids scrutiny is wrong and should be unnecessary,” Munley said. “Every new medical device submitted for approval for the American marketplace should be able to stand on its own merits.”
The Safety Of Untested and New Devices Act of 2012 (SOUND Devices Act) eliminates a loophole in the Food and Drug Administration’s device-approval process known as section 510(k), […]
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Lawsuits Filed in the Indiana State Fair Stage Collapse
According to CBS News, lawsuits in the Indiana State Fair stage collapse on August 13, 2011, are now moving forward. In addition to Sugarland, the band that was to perform that evening, producers, stage riggers and others were named in the suits. Wind gusts over 60 mph caused the stage to collapse prior to Sugarland taking the stage killing seven people and injuring over 40 others.
As bad weather approached the area, fairgoers remained in their seats anticipating Sugarland’s performance. No word was given as to whether the show would go on. CBS News reports Sugarland’s contract specified the act had the final say on whether to cancel the concert due to weather.
One joint lawsuit seeks unspecified damages for 44 survivors and family members of four people who died. Nearly 20 law firms across Indiana, Ohio and Kentucky are representing the interests of the plaintiffs. […]
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Woman Who Lost Arm To Receive $8.8 Million
In 2004, a 16-year-old girl got the pocket of her coat caught on a bolt protruding from the drive shaft of an auger-like post-hole digger operated by her stepfather. Her arm wrapped around the auger resulting in the loss of her arm.
A New York jury hearing the case in State Supreme Court decided the manufacturer of the digger, Ford New Holland (now known as Case New Holland) sold a defective product and awarded the now 21-year-old girl $8.8 million. The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.
The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke and was removed by Smith, […]
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