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.

More information about Liability

Woman Who Lost Arm To Receive $8.8 Million

In 2004, a 16-year-old girl got the pocket of her coat caught on a bolt protruding from the drive shaft of an auger-like post-hole digger operated by her stepfather.  Her arm wrapped around the auger resulting in the of her arm.

A New York jury hearing the case in State Supreme Court decided the manufacturer of the digger, Ford New Holland (now known as Case New Holland) sold a defective product and awarded the now 21-year-old girl $8.8 million.  The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.

The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke and was removed by Smith, […]

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Family Awarded $19.2 Million in Medical Malpractice Case

A three-and-a-half-year-old girl is blind and has cerebral palsy after she was given 100 times the dose of nutrients 15 days after she was born in 2007, claimed the lawsuit filed in Lee County by her parents.  The family has been awarded $19.2 million in the medical case that could be the first of its kind for Lee County, reports station 2RSWFlorida.

The little girl was born prematurely at HealthPark Medical Center.  The lawsuit was brought against Lee Memorial Health Systems because the overdose led to cardiac arrest and severe complications.  She will be in diapers and will have to be carried and fed the rest of her life.

caps could limit the award to $200,000, but the hospital has never paid a claims bill through the court and the family is hoping this will be the first.

Our attorneys at Munley, […]

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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 .

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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