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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Pennsylvania Dog Laws Are Being “Aggressively Enforced”
While Governor Tom Corbett focuses on protecting Pennsylvania residents, he also ensures that those residents who can’t take care of themselves are properly cared for – including animals. Last week he announced the Dog Law Enforcement Office is aggressively enforcing the State’s dog laws to protect man’s best friend.
According to the press release, the Dog Law Enforcement Office is focused on “protecting the well-being of dogs and puppies across the state.”
“Pennsylvania has one of the toughest dog laws with the most aggressive protections for adult dogs and puppies in the nation,” said Michael Pechart, acting director of the office. And his office takes enforcement seriously. Of the nearly 300 kennels that were once in operation in the state, just 51 remain.
The Enforcement Office is also working to increase enforcement of dangerous dog laws by citing owners who fail to register their dangerous dogs with the office, […]
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Ford and Toyota Issue Recalls
Ford Motor Company and Toyota Motor Sales have both issued recalls for vehicles. Toyota issued a voluntary safety recall involving 2006 to early 2011 model year RAV4 and 2010 model year Lexus HS 250h vehicles sold in the U.S. Ford’s recall is for its 2013 Escape SUVs.
Toyota Recall
Toyota reports in its press release of the recall:
“Toyota has determined if the nuts on the rear suspension arm are not tightened following the proper procedure and torque specification during a rear wheel alignment service, excessive play may occur at the threaded portion of the arm, followed by rust formation. If this were to occur, the threaded portion of the rear suspension arm may wear and cause the arm to separate.”
The National Highway Traffic Safety Administration (NHTSA) notes that failure of the rear tire rod could cause a loss of vehicle control, […]
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Judge Rules Person Who Sent Text Resulting in Motorcycle Accident Not Liable
At the end of May we reported on the distracted driving lawsuit brought by a couple who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting. The couple claimed that not only should the teen driver of the vehicle that hit them be held liable for their motorcycle accident, but so should the driver’s girlfriend, who sent him a text message just seconds before the crash.
The judge ruled last week in the first case of its kind to hit the dockets in the U.S. He dismissed the claims against the woman in the lawsuit ruling that the person sending the text to which the driver was responding “cannot be held liable.”
The ruling sends the message that it is not the responsibility of the texter to monitor where the recipient of a text message is when responding to a message. […]
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CDC Lowers Amount of Lead Considered Toxic in Children
CDC lowers toxicity level of lead by 50 percent
Our Pennsylvania product liability attorneys have reported on numerous occasions about the dangers posed to children from every-day products – including batteries and magnets. While both of these pose swallowing hazards to children, some toys have been shown to contain lead which can lead to lead poisoning.
The U.S. Environmental Protection Agency reports that excess lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. The EPA reports that children six years old and younger are most at risk. Some of the adverse affects from lead exposure include: damage to the brain and nervous system; behavior and learning problems, such as hyperactivity; slowed growth; hearing problems; headaches; anemia; and in rare cases of acute lead poisoning from ingestion of lead, seizures, […]
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SOUND Devices Act Closes Product Liability Loophole
Scranton, PA, February 23, 2012 – Pennsylvania product liability lawyer Caroline Munley today called for passage of a bill that would enable the U.S. Food and Drug Administration to reject medical devices that are modeled after devices already known to be flawed.
“The SOUND Devices Act closes a loophole that allows medical device manufacturers to basically skirt the FDA approval process,” said Munley, a partner in the regional law firm of Munley, Munley & Cartwright, whose Pennsylvania product liability attorneys represent consumers and patients who are harmed by defective products, including flawed medical devices.
“A process that avoids scrutiny is wrong and should be unnecessary,” Munley said. “Every new medical device submitted for approval for the American marketplace should be able to stand on its own merits.”
The Safety Of Untested and New Devices Act of 2012 (SOUND Devices Act) eliminates a loophole in the Food and Drug Administration’s device-approval process known as section 510(k), […]
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