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.
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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, […]
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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. […]
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Can Medical Malpractice Cause a Stroke?
Understanding Strokes: Types, Causes, Treatments, and Medical Malpractice
Strokes are critical medical emergencies that require swift and accurate treatment to avoid lasting damage. We will examine various stroke types, their causes, available treatments, and the impact of medical malpractice.
Types of Strokes
Delays in treatment can result in permanent disability or death. Stroke symptoms are not unique and can mimic other health issues, leading to potential misdiagnosis of stroke. Common signs of a stroke include:
- Weakness or numbness, particularly on one side of the body
- Paralysis
- Tingling in the arms or legs
- Sudden loss of leg strength
- Severe headache
- Loss of balance or coordination
- Slurred speech
- Inability to speak or understand speech
- Vision changes, such as blurred or double vision
- Dizziness
- Fainting
- Loss of vision
- Death
Strokes can vary in severity from mild to life-threatening, […]
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What Are Premises Liability Claims?
America’s #1 accident lawyers explain how you can win your premises liability lawsuit
Accidents often happen when we least expect them. They often occur in the places that feel the most comfortable and mundane. People suffer injuries at the grocery store or a close friend’s home. As the National Floor Safety Institute (NFSI) reports, the leading cause of emergency room visits in the United States is slip and fall accidents. In fact, 8 million Americans (21.3%) seek emergency treatment for a fall each year. As such, the most common accidents are slip and fall accidents. However, they are not the only accidents that occur outside of the home. Accident victims who suffer injuries at a business or property may be able to file premises liability claims to recover their losses.
Premises liability law can be tricky. […]
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