Most injuries caused from accidents occur because of the carelessness of another person.
The basic rule most attorneys follow is “If one person in an accident was less careful than another, the less careful one is responsible for paying for at least a portion of the damages suffered by the more careful one.”
Determining liability is essential to the success of any lawsuit and in most cases is determined by the rule of carelessness plus one or more of the following:
- If the injured person was where he or she should not have been, then the person who caused the accident might not be liable
- If the injured person was also careless, his or her compensation may be reduced
- If a negligent person causes an accident while working for someone else, the employer may also be held liable
- If an accident happens on property that is poorly maintained, the owner of the property is liable for being careless in maintaining the property
- If an accident is caused by a defective product, the manufacturer and seller of the product are both liable
Every situation is different – several personal injury and product liability laws may come into play. First off, the plaintiff must prove that the defendant had a relationship and that the defendant owed them a duty of care. Examples include the relationship between a doctor and patient or between a consumer and the manufacturer or a product.
In order to show a breach of duty occurred, the plaintiff must establish that the defendant knew they were putting the plaintiff at risk for injury or damage. The burden to establish the cause of the accident or injury remains on the plaintiff.
If someone has committed an unintentional wrong against you, because of negligence, there are different standards of liability that they may be held responsible for. If you can show that the wrongdoer could have prevented your injury or damages, they may be held strictly liable for your harm.
Strict liability often applies to cases which involve dangerous activities, such as demolishing a building or excavating.
Have you recently been hurt or injured because of another person’s failure to exercise reasonable care? If so, it is important to contact an experienced attorney, one that understands personal injury as well as liability laws. Providing you with aggressive representation to ensure a successful outcome in your favor.