What Is Fault?
Fault is when an entity intentionally or negligently fails to act reasonably, according to legal standards or one’s duty, resulting in harm to another person. This failure can arise from various factors such as ignorance, carelessness, negligence, or a lack of skill. If actions like not being aware, not taking proper precautions, disregarding others, or lacking necessary skills lead to injury to another person, they can all be considered as fault.
Legal scholar John C. Jeffries Jr. states, “Fault is the linchpin of tort liability.” Fault plays a crucial role in various aspects of law, including tort law (civil wrongs), contract disputes, and criminal law. Establishing fault is essential in legal proceedings to determine liability and to assess damages or penalties accordingly.
Fault forms the basis for legal liability and compensation. For example, in a car accident case, fault may be assigned based on factors like speeding, failure to yield, or distracted driving. For plaintiffs seeking damages, proving fault is essential to demonstrate that the defendant’s actions or negligence directly caused their injuries or losses. Conversely, defendants may argue mitigating circumstances or lack of fault to defend against legal claims.
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San Diego Man Awarded $2.4 Million in Asbestos Exposure Lawsuit
A San Diego Navy Veteran who was diagnosed in 2010 with mesothelioma, an asbestos-caused cancer, was awarded $2.4 million in damages after his disease was found to be attributed to his work in ship boiler rooms.
The lawsuit, filed against John Crane, Inc., claimed the plaintiff was exposed to asbestos while serving in the Navy from 1961 to 1971 in his work in the maintenance and repair of boilers, pumps and valves. The suit claimed John Crane made some of the asbestos-containing packing material and gaskets in the equipment.
The total damages of about $2.4 million include nearly $1.4 million in noneconomic damages and $450,000 for loss of consortium. The jury found John Crane five percent liable, the Navy and insulation companies 57 percent at fault, some manufacturers and suppliers 37 percent at fault. The plaintiff himself was found to be one percent at fault. […]
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$1.25 Million Awarded After Surgeon Was Found Negligent
Surgeon found negligent in botched procedure
A 67-year-old Ithaca, New York woman was awarded $1.25 million after her surgeon was found negligent when a 2007 gallbladder operation left her gravely ill and fighting for her life. The surgeon at Cayuga Medical Center had been practicing for over 15 years when found at fault.
The woman entered the hospital complaining of an upset stomach when she was told her gallbladder needed to be removed. The woman’s bowel was unintentionally cut during surgery, yet the surgeon did not inspect the bowel for injury prior to completing the surgical procedure.
Almost immediately the woman became severely ill, exhibiting multiple signs of infection. 32 hours after the first operation, she was operated on again to find the source of the infection, and then to repair the injured bowel. The woman also underwent four more surgeries, needed a ventilator, […]
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$2.255 Million to be Paid by Police Officer and Bar to Settle Car Crash Lawsuit
Four killed by officer in drunk driving crash; Officer and bar found at fault
St. Louis website, Stltoday.com, reports an off-duty police officer and the bar which served her alcohol will pay $2.255 million to the families of the four young people who died in a car crash on March 21, 2009.
The wrongful death lawsuit states the 42-year-old police officer had consumed a “high quantity” of alcohol at O’Leary’s Restaurant & Bar before leaving to drive home. On her way home she crossed the center line and drove her Mitsubishi into the Honda about 1:45 a.m. All four passengers were killed and the driver suffered a head injury, fractured rib, liver trauma and lung and skull contusions.
The bar was included in the lawsuit because its employees knew the police officer was drunk and did not call her a cab or stop her from driving her car. […]
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$6.5 Million Awarded in Deadly Tractor Trailer, Pick-Up Truck Crash
Tractor trailer driver and farm at fault for fatal accident
Two years after a 32-year-old woman was killed when a tractor trailer rear-ended the pick-up truck in which she was riding, her family has been awarded a $6.5 million award in their wrongful death lawsuit, reports the Courier-News.
On Halloween, 2008, the East Dubuque, Illinois woman, her husband, and their 3-year-old son were on the way to Goebbert’s Pumpkin Patch when a tractor-trailer rear-ended their pick-up truck, killing the wife instantly. Her husband suffered a broken spine, facial fractures, and respiratory failure and their son suffered two broken legs, head injuries and lacerations.
The lawsuit alleged the driver of the tractor-trailer was operating a motor vehicle while under the influence of drugs, driving over the speed limit and failing to keep a proper lookout. It was learned the owners of the tractor-trailer, […]
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$20 Million Personal Injury Settlement Sets Records
Freak accident leaves girl permanently injured, distribution company at fault
In what court officials say is the largest settlement in Outagamie County, WI court history, The Post Crescent reports the family of a 4½ year old girl will receive a $20 million settlement.
It was a minor crash, a freak accident, but it caused severe and permanent injuries to the little girl. In October 2008, a truck driven by a New London well-drilling company ran a red light and crashed into the van in which the little girl was riding. When the driver used the brakes before hitting the van, several pipes fell from the pipe rack and one smashed through a window in the van, striking the girl in the head.
She is now suffering from blindness, traumatic epilepsy and is functioning on the level of a two-year-old. She will need 24-hour care the rest of her life. […]
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