What Is a Duty of Care?
A Duty of Care is the obligation to act with care and prudence toward others and the public, as a reasonable person would in similar circumstances. Failure to meet this standard may lead to negligence claims and subsequent damages. This concept is fundamental in various fields, including law, medicine, and business, where individuals or professionals are expected to act in a way that prevents foreseeable harm to others. Essentially, it mandates that one must exercise caution and consideration to avoid causing harm or injury to others.
According to the ruling in Donoghue v Stevenson (1932), “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor.” This principle has since become a cornerstone in tort law, influencing how negligence cases are determined.
In practice, duty of care requires individuals to anticipate risks that their actions or inactions might pose to others and take reasonable steps to mitigate those risks. For instance, in healthcare, doctors owe a duty of care to their patients to provide treatment that meets accepted medical standards, ensuring patient safety and well-being. Understanding the duty of care helps ensure that individuals and organizations prioritize the well-being of others, thereby reducing the occurrence of preventable harm.
More information about Duty of Care
What Is a Wrongful Death vs Survival Action?
Losing a loved one is always incredibly painful, but losing someone tragically and unexpectedly due to someone else’s negligence can seem impossible to navigate. If your family member was a key financial supporter of your household, your grief is likely being compounded by extreme financial stress. You may be wondering how you can put your family member or spouse to rest, pay off their medical bills, and keep your household afloat, but you may have legal recourse through wrongful death or survival claims. At Munley Law, our wrongful death attorneys can walk you through your options to seek justice for your deceased family member and obtain financial support.
Understanding Wrongful Death Claims
A wrongful death claim is a type of lawsuit that serves to compensate a deceased person’s family members for the loss they have suffered as a result of their loved one’s death, […]
Read MoreMore information about Duty of Care
Suing a Neighbor for an Injury on Their Property
Property owners are responsible for keeping the property they invite others into safe. If they fail to clear the space of hazards and someone gets hurt, the injured person has the right to sue the negligent property owners responsible for their injuries.
If you or your loved one were injured on a neighbor’s property, you have the right to file a premises liability lawsuit against their insurance company. An experienced premises liability attorney at Munley Law will guide you through the claims process and help you recover fair compensation for your injuries and losses. Call today for a free consultation.
If I’ve Been Injured at My Neighbor’s Home, Can I Sue?
The short answer is, yes, you can sue if you were injured at your neighbor’s home. However, you must be able to prove the four elements of negligence to have a valid premises liability claim. […]
Read MoreMore information about Duty of Care
Do Pedestrians Always Have the Right of Way?
When you first learned to drive, you may have been told pedestrians have the right of way. While this is generally true, pedestrians don’t always have the right of way. Of course, drivers must always be aware of their surroundings, including looking for pedestrians, but pedestrians must also be aware of traffic lights, crosswalks, and oncoming traffic.
If you were involved in a pedestrian accident and are questioning who has the right of way, Munley Law is here to help.
When Do Pedestrians Have the Right of Way?
Under Pennsylvania law, there are a few scenarios where pedestrians always have the right of way. However, it is ultimately the responsibility of drivers and pedestrians to practice safety on the roadways and be mindful before walking into traffic.
Crosswalks Without Signals
If a pedestrian is at an unmarked crosswalk without traffic signals, […]
More information about Duty of Care
Is Lane Splitting Legal in Pennsylvania?
Have you ever been driving through a congested area and noticed a motorcyclist weaving in and out of traffic? While many motorcyclists think lane splitting should be common practice, it is currently illegal under Pennsylvania law.
If you are involved in a motorcycle accident and have been lane splitting, or hit a motorcyclist due to lane splitting, it can impact your personal injury claim.
What Is Lane Splitting?
Lane splitting, also known as white lining, occurs when a motorcyclist drives between two rows or lanes of traffic. Most commonly, riders split lanes when traffic is moving slowly or at a standstill. Lane splitting can occur on any type of road, including highways or rural roads.
Lane splitting is not the only traffic maneuver you may see a biker make. Other practices include:
- Lane filtering: The rider moves between stopped traffic or slow-moving traffic
- Lane sharing: Multiple motorcyclists share the same lane and ride beside each other in a close formation
- Shoulder surfing: When a rider drives on the shoulder of the road
A University of California, […]
Read MoreMore information about Duty of Care
How Many Truck Accidents Are There in a Year?
According to the Federal Motor Carrier Safety Administration, there are approximately 500,000 truck accidents in the United States each year. This substantial number of accidents underscores the critical importance of understanding the factors contributing to truck crashes and the measures needed to enhance road safety for all users.
Trucks are a common sight on US roadways. Commercial vehicles alone make up a significant portion. The trucking industry has a duty of care in transporting billions of tons of freight each year, a major part of the US economy. Over 3.5 million American truck driversare employed in the United States, and trucks make up 5% of all registered vehicles in the US. If that does not sound high to you, consider how heavy trucks are. A big rig with a tractor-trailer may weigh up to 80,000 pounds, while the average car weighs less than 10,000. […]
