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
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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Lawsuits Filed in the Indiana State Fair Stage Collapse
According to CBS News, lawsuits in the Indiana State Fair stage collapse on August 13, 2011, are now moving forward. In addition to Sugarland, the band that was to perform that evening, producers, stage riggers and others were named in the suits. Wind gusts over 60 mph caused the stage to collapse prior to Sugarland taking the stage killing seven people and injuring over 40 others.
As bad weather approached the area, fairgoers remained in their seats anticipating Sugarland’s performance. No word was given as to whether the show would go on. CBS News reports Sugarland’s contract specified the act had the final say on whether to cancel the concert due to weather.
One joint lawsuit seeks unspecified damages for 44 survivors and family members of four people who died. Nearly 20 law firms across Indiana, Ohio and Kentucky are representing the interests of the plaintiffs. […]
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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 loss 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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