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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Your First Steps After a Slip and Fall
An unmarked area of spillage on a hotel lobby’s floor. An unmaintained stairwell that’s missing the proper railing. An untreated patch of ice on a train platform. These are all examples of potential safety hazards that could lead to a dangerous slip and fall for anyone in the vicinity.
According to the National Safety Council, “Falls are one of the leading causes of unintentional injuries in the United States.” Reportedly, falls account for 8.9 million visits to emergency rooms each year, as well as more than 25,000 fatalities — an occurrence that can increase with age. Falls can happen on the job, at a restaurant, at a grocery store, at a school, and even at a private residence.
Regardless of who you initially think may be at fault, there are certain action steps you should take to protect yourself and your legal rights if you ever find yourself in such a situation:
- Keep calm and call for help. […]
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Scranton personal injury lawyer talks about more GM recall
GM recalled another 2.7 million vehicles in the United States for safety problems that have resulted in hundreds of complaints and some injuries. This follows millions of vehicles being recalled earlier this year for faulty ignition switches.
GM’s latest recall was for tail light malfunctions in cars including the Chevrolet Malibu, Pontiac G6, and Saturn Aura. According to the New York Times, the action for the Chevy Malibu marks the ninth time in about 16 months that the automaker has recalled vehicles that previously only had dealer bulletins sent.
So far this year, GM has recalled about 11.1 million vehicles in the US alone. The largest of the new recalls covers 2.4 million cars that have faulty wiring that could case brake lights to malfunction and not illuminate or could illuminate the lights without the pedal being touched.
GM says corrosion causes the brake-light fault, […]
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Medical Malpractice Frequently Asked Questions
Medical Malpractice Questions and Answers
What is medical malpractice?
Legal definitions vary slightly from state to state, but as a general rule medical malpractice (also known as medical negligence) means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. Essentially, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act in a reasonable way under the circumstances and the unreasonable conduct causes harm.
How can I find out if I have a case?
Because medical malpractice law is very complex, the best way to know is by talking to an experienced medical malpractice lawyer. Be sure to tell the lawyer exactly what happened to you, from the first time you visited your doctor through your last contact. […]
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Workers’ Compensation Questions & Answers
Frequently Asked Workers’ Compensation Questions
Q: I’ve Been in an Accident at Work. What’s the First Thing I Should Do?
A: Right after a job-related accident, no matter how minor it may seem, you should immediately report your injury to your supervisor and make sure that a written record is made. Once you report the injury, seek medical assistance as soon as possible to learn how severe the injury is and get treatment. Both these two steps are crucial for your claim. If you fail to report the accident to your supervisor as soon as possible, your claim may be denied.
Q: Is There a Statute of Limitations for Workers’ Compensation Cases?
A: Under Pennsylvania law, a notice of any injury suffered while on the job must be provided to a supervisor at your place of employment within 120 days of the date of injury. […]
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Car Accident Lawyers Questions & Answers
Car Accident Frequently Asked Questions (FAQs)
Q: If I’ve Been in a Car Accident, do I Need a Lawyer?
A: It depends. If you did not suffer any injuries in the accident, you may settle your insurance claim without need for legal help. However, if you or someone you know were injured in the accident, the claim becomes more complicated. As the injured victim, you have the right to seek compensation from the at-fault party for your medical costs, pain and suffering, and other losses. Insurance companies have high-paid lawyers and experts who will fight against you to make sure you get as little money as possible. Statistically, people represented by lawyers get three times more settlement money than people who do it themselves. So, while you don’t need a lawyer, […]
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