Liability

What is Liability?

Liability is the legal responsibility for one’s acts or omissions; an obligation one is bound to by law to perform, typically involving the payment of monetary damages. It is one of the most significant words in the field of law.

According to Black’s Law Dictionary, liability is defined as “the state of being legally responsible for something, such as a debt or obligation.” As such, it assumes that a person is responsible for the harm they cause another. There are several different types of liability including contractual liability, when one party breaks a contract, tort liability from civil wrongs, or strict liability where a party is held responsible for damages, regardless of fault. 

Liability is important in law because it ensures individuals are held responsible for their actions, and that injured parties receive compensation. An example of a liability is a driver who causes an accident by driving recklessly. The driver will be held liable for any resulting injuries to people and property. Understanding liability is essential for individuals, businesses, and legal professionals to navigate legal responsibilities they owe to others.

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GlaxoSmithKline Sets Aside $3.4 Billion For Avandia Suits

GlaxoSmithKline will put aside $3.4 billion to pay for additional product liability charges over its drug Avandia.

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Testing Reveals Hexavalent Chromium Present In Water Supply Of 31 Out Of 35 U.S. Cities

The Environmental Working Group (EWG) has released a report which indicates that the tap water in 31 out of 35 cities contains hexavalent chromium, a known carcinogen or cancer-causing agent. This means that millions of residents in the U.S. are being exposed to the toxic chemical that was made famous in the 2000 movie “Erin Brockovich.”

Of the 35 cities whose tap water was tested, the highest concentrations were found in Honolulu (HI), Norman (OK), and Riverside (CA). Other heavily populated cities such as Chicago (IL), Los Angeles (CA), Miami (FL), and Phoenix (AZ) were also included in the list, according to news reports.

For many decades, hexavalent chromium was a widely used industrial chemical and has evidently leached its way into the water supply of 31 out of 35 cities that were tested throughout the US. Bethesda (MD) and Washington, D.C. were also on the list of cities where the chemical is showing up. […]

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Choking Hazard Causes American Eagle To Recall Toddler Girl’s Pants And Shorts

Clasp on the clothing can become detached and cause a choking hazard

According to Norwalkplus.com, clothing manufacturer American Eagle Outfitters has voluntarily recalled 1,200 pants and shorts for toddler girls due to the possibility of a choking hazard.

According to the Department of Consumer Protection, the Pittsburgh, PA-based clothing company and the U.S. Consumer Product Safety Commission announced the voluntary recall of several different girls’ clothing items.

Included in the recall were a variety of styles of jeans, pants, and shorts that have a metal clasp mounted at the waistline of the items. It is possible that the clasp can become detached from the waistline of the item and pose a choking hazard for toddler girls. Consumers have been urged to stop dressing their children in these items immediately and return them to the retailer.

American Eagle sold the items through www.77kids.com and their retail stores during the months of July and August 2010. […]

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$1.7 Million Judgment Against Johnson & Johnson Following Injury Due To Drug

Failure to warn patients about potential tendon damage due to drug use leads to lawsuit

A Minneapolis jury has awarded an 82-year-old man $1.1 million in punitive damages and $630,000 in compensatory damages against Johnson & Johnson for failing to warn patients its antibiotic, Levaquin, may cause tendon damage, reports the Star Tribune.

The case in U.S. District Court is the first of thousands of lawsuits filed nationwide by patients who claim tendon injuries after taking Levaquin.  This man was an active golfer and a mall-walker before rupturing or partially rupturing both Achilles tendons after taking Levaquin and a steroid for bronchitis five years ago – unaware of the risks with the drug combination.

The lawsuit was filed in 2008 against Johnson & Johnson and its Ortho-McNeil-Janssen Pharmaceuticals unit for failing to warn doctors and patients of Levaquin’s potential for tendon damage.

Johnson & […]

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New Jersey Man Receives $2 Million in Yamaha Snowmobile Accident

The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident.  The judge added $900,000 to the $1.1 million award from the jury.

In February of 2005, when the now 61-year-old man borrowed his friend’s 1995 Yamaha VX600V-R snowmobile, the engine started to hesitate.  While he and another friend lifted the rear of the snowmobile, the owner revved the engine with the throttle in an effort to clear the spark plugs.  The metal track broke and shot out of the rear of the snowmobile and ripped through the victim’s right leg.

Efforts to save the 75 percent severed leg were not successful, and the man’s leg was amputated above the knee a few days after the accident.

In the product liability trial, the jury awarded $1,107,000 for pain and suffering, economic losses, and medical expenses.  The man’s attorney filed a motion for an “additur” with the judge which was granted and raised the award another $900,000. […]

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