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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Escalator Injury Involving Crocs Leads to Multimillion-Dollar Lawsuit
According to Knoxnews.com, the father of a 4-year-old girl whose foot was mangled in an escalator because she was wearing the popular shoe by Crocs, Inc. has settled his multimillion-dollar lawsuit against the company.
In 2006, the Colorado-based company began receiving complaints from parents over the rubber shoes and related escalator injuries. Studies have shown Crocs and their imitators “appear to be prone to entrapment when pressed against the (side) skirt guard of step riser while standing on the yellow line of an escalator.” Children are at greater risk because their shoes are smaller and thinner.
To the lawsuit was attached a letter by Crocs stating it intended to place warning tags on its shoes by Christmas 2006. It didn’t. Since that time there have been hundreds of accidents which may have been avoided had the warning been put on the shoes.
Injuries range from a bloody sock to severed toes. […]
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Graco Drop Side Cribs Recalled Due to Entrapment and Suffocation Hazards
The U.S. Consumer Product Safety Commission (CPSC) and LaJobi announced a voluntary recall of 217,000 Graco®-branded drop side cribs. The recall includes Graco drop side wood cribs sold throughout the United States from February 2007 through March 2010. Owners of these cribs should stop using any of the recalled products immediately.
When a product is not safe and fails to contain an adequate warning, and you or a family member suffers personal injury, or death, as a result of these defects, you may be entitled to legal relief. You should be able to trust that the product you are using is safe and that you have been given proper warning of any risks the product poses. At Munley, Munley & Cartwright we understand the complexity of product liability laws and the challenge of proving a case, and we can help you get the compensation you deserve.
The recall has been made due to the hazards posed to an infant or toddler in the crib if the drop side hardware breaks or fails resulting in the drop side detaching from the crib. […]
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Family of City Worker Killed In Mower Accident Settles Lawsuit
A confidential last-minute settlement has been reached in the lawsuit brought by the family of a city Parks Department employee who was killed in 2003 by a runaway lawnmower, reports the Telegram & Gazette of Worcester, Mass.
Industrial and agricultural accidents can occur for a variety of reasons. One of the leading causes, however, is a manufacturing or design defect that makes heavy machinery dangerous to users. You should be able to trust that the product you are using is safe and that you have been given proper warning of any risks the product poses. At Munley Law we understand the complexity of product liability laws and the challenge of proving a case, and we can help you get the compensation you deserve.
The 54-year-old man died from injuries he sustained when he was run over by a 6,000 lb. large capacity mower as it rolled down a hill. […]
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Wisconsin Court Rules In Favor of Medtronic In Product Liability Case
The Wisconsin Supreme Court, following a U.S. Supreme Court decision, has ruled patients cannot sue the maker of a potentially unsafe medical device approved for sale by the FDA.
A suit was brought against Minneapolis-based Medtronic, Inc. by a man who had his defibrillator surgically removed after the company warned its battery could fail. The defibrillator was implanted in 2004 to try to prevent his heart from stopping.
The next year, Medtronic warned the devices’ batteries might fail in 1 out of 10,000 patients. The company knew of the problem more than two years earlier but kept selling the defective defibrillator, according to the Minneapolis Star Tribune. The FDA did not order a recall nor did it withdraw its 2002 approval.
The Wisconsin decision was not unanimous. Two of the justices warned, “the decision leaves Wisconsin residents at the mercy of the U.S. Food and Drug Administration, […]
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DriveCam: A Trucker’s Best Friend or Worst Enemy?
We’ve been hearing a lot lately about a product called DriveCam. These little video cameras are starting to pop up in tractor-trailers and commercial vehicle across the country. The camera is mounted near the rear-view mirror and records video and audio 24/7. However, the DriveCam is similar to a black box in that, it only keeps a few seconds of footage before and after an occurrence of “exceptional force” (i.e. hard braking, swerving, collision, etc.).
The company claims that using their product can help other companies identify and improve risky driver behaviors, thus, reducing vehicle damages, workers’ compensation and personal injury costs by 30 to 90 percent. That’s quite a claim. Watch a CNN interview with the CEO of DriveCam here.
Some truckers are against DriveCam, feeling like “Big Brother” is invading the cab. However, some are excited about its possibilities. The camera will capture an adequate history of the event, […]
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