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 Happens If Someone Hits You and They Don’t Have Insurance?
It is estimated that 1 in 8 drivers in the United States are uninsured. Unfortunately, this means if you are involved in a car accident, you may encounter an uninsured motorist. But what happens if someone hits you and they don’t have insurance?
The answer largely depends on the state you live in. Sometimes, your own insurance may cover the losses you incurred in the collision and in others, you may have to file a personal injury lawsuit.
The extent of your injuries as well as if you carry uninsured motorist (UM) coverage or underinsured motorist (UIM) coverage in your insurance policy will also determine where and how you can seek compensation.
Munley Law car accident attorneys help drivers involved in car accidents with uninsured motorists and can explain your options.
What Type Of Auto-Insurance Coverage Am I Required To Hold? […]
Read MoreMore information about Duty of Care
Semi Truck Accidents
A semi truck accident can be a life-altering experience for both you and your family. You could be facing serious injuries that can take months if not years to recover from. Your family could suffer the financial burden of paying the medical expenses without the help of your income. In many cases, the injuries sustained in the accident may be fatal and your family will be left to pick up the pieces afterward. If you get into a trucking accident with a semi truck, do you know what your next steps should be?
For more than 60 years, the truck accident lawyers at Munley Law have represented drivers, passengers, pedestrians, and truck drivers who have been seriously hurt in accidents with semi trucks. If you or someone you love was hurt in a crash with a semi, you will need someone on your side to make sure the trucking company is held responsible. […]
Read MoreMore information about Duty of Care
Pennsylvania Product Liability Lawyer
Consumers have a reasonable right to expect their products to be safe to use as advertised. Product liability law protects consumers hurt by unsafe products and holds negligent manufacturers and retailers accountable. If you’ve suffered an injury or illness because of a dangerous product, a Pennsylvania product liability lawyer at Munley Law can help you get the justice you deserve. We have successfully handled numerous cases against industrial manufacturers, automotive companies, medical device makers, and other big companies whose products caused harm.
Contact us today for a free consultation. We do not get paid unless we win your case.
What Is a Product Liability Claim?
A product liability claim is a legal claim brought against a product manufacturer, distributor, supplier, or retailer that caused a consumer injury or harm due to a defect or failure in the product. These claims are based on the principle that manufacturers and sellers must ensure their products are safe. […]
More 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 More
