Personal Injury Liability

If you’re involved in a personal injury lawsuit, one of the most challenging part of the process is understanding the terms that are and will be used throughout your case. Obviously, these words and phrases come as second nature to us, since we’ve been immersed in personal injury law for years. But you may not have the same luxury. So let’s start with the basics. What is liability?

What is Liability? Personal Injury Explained

In a nutshell, liability is the determination of fault or responsibility for an accident or event that caused injury. However, simply blaming another party for an accident that occurred in their business or on their property is not proving liability. In order for a defendant to be liable for an accident, we must also prove that that person acted in a negligent manner and that that negligence directly caused or contributed to the injury.

While determining liability can be complicated, the bottom line is that most accidents are caused by someone’s carelessness. If carelessness did in fact contribute to the accident, liability still may not be awarded if any of the following circumstances also occurred:

• The person injured also acted carelessly.
• The person injured was in a place that he or she should not have been, or engaging in an activity prohibited by the person or business at “fault.”

Additionally, there are a few instances where liability may not fall strictly on the person who caused the accident. For instance:

• If the person at fault was working for a business at the time of the accident, it may be the business that is determined liable, rather than the employee.
• If the accident was caused because of a poorly lit or poorly maintained property, the property owner could be found at fault, even if he or she was not present at the time of the accident.
• If the accident was caused by a defective product, both the manufacturer and retailer may be found liable for the accident.

Got more questions on liability? Call us to schedule a consultation for your case today.