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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Attorney Julia Munley to Child Sexual Abuse Victims: “You are Not Alone”
Julia Munley explains the ethical and legal obligation of reporting sexual abuse
In a recent interview, Attorney Julia Munley discusses misconduct and sexual abuse perpetrated by adults in positions of authority against minors. Attorney Munley has long been an advocate for victims and their families. Today, she helps to shed some light on this issue and offers some key pieces of advice for those who are concerned.
WNEP reported that Pennsylvania is ranked second in the country for reported claims of misconduct by teachers. In the last few months alone there have been at least seven stories just in our home region of Northeast PA.
It’s difficult to get hard and fast numbers on just how many of these incidents are occurring because claims do not always result in criminal charges. Moreover, […]
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Taxi Cab Accident Lawyers
Munley Law Personal Injury Attorneys has more than fifty years of experience in handling taxi accident lawsuits in Pennsylvania, New York, New Jersey, and across the country. Our experienced taxi cab accident lawyers have won some of the the largest car accident verdicts and settlements in the country. As with any auto accident, the injuries caused by a taxi accident can be catastrophic, but even seemingly minor injuries can have a major impact on the victim’s life. That’s where the attorneys at Munley Law Personal Injury Attorneys can help. We have consistently been named to the Best Lawyers in America, Super Lawyers, the Multi-Million Dollar Advocates Forum. We will help you sort out your medical bills and expenses, recover any wages that you have lost due to your injuries, and aggressively battle the auto insurance companies to win your case. See our list of most frequently asked questions about car accident cases, […]
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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 attorneys of [firm-name] 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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“What Should I Do If I Get Hit By a Car While Walking?”
In effort to live healthier lives, many people are opting to institute activities, such as walking, running, and jogging into their daily fitness routines. It’s an easily accessible form of exercise, as it can be done just about anywhere—from your neighborhood cul-de-sac to your local park to the bustling streets of your city. But getting around on foot can open pedestrians up to traffic risks.
According to the National Highway Traffic Safety Administration’s Traffic Safety Facts report, there were 4,743 pedestrian fatalities and 76,000 pedestrian injuries involving motor vehicles in 2012. The same report states that those stats equal out to about one death every two hours and one injury every seven minutes. Of course, there are plenty of things you can do to ensure your safety while traversing your town on foot:
1) Use designated crosswalks. If the intersection has a walk/don’t walk sign, […]
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“What Do I Do if I Get Hit by a Car on My Bike?”
Whether you live in a small town or you reside in a more urban setting, chances are, now that summer is in full-swing, you’ll be breaking out the bike regularly to go for a ride around your way. Not only is bicycling great exercise, it also provides you with a chance to escape the confines of your office or your home and hit the open road, welcoming the feeling of a comforting, warm breeze at your back.
As with any form of transportation, though, there can be some risk involved. Since only two percent of all automobile deaths and only two percent of all injured parties from automobile crashes are cyclists, according to the National Highway Traffic Safety Administration, biking is generally safe. You can proactively help avoid an accident by signaling your turns, wearing reflective clothing, obeying traffic rules, […]
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