It may be a car accident, an injury at work, a slip at your local department store, or a faulty electrical appliance such as a microwave; you’ll want to know who was responsible.
In personal injury, this is known as liability, and it is enforceable by law. By suing the person you believe caused the accident, you can seek compensation for damages such as lost wages and medical expenses, not to mention pain and suffering.
With this in mind, today’s blog will walk you through liability in personal injury cases. Join us below.
Liability in Personal Injury
So, before filing your claim, you will want to understand the different theories of liability used in personal injury claims. Better still, work with a reputable personal injury attorney—they went to law school to study this.
That being said, here are the different theories of liability:
Intentional Torts
Did they do it on purpose?
An intentional tort is a type of civil wrong where one person deliberately engages in actions that cause harm to another, including assault, battery, trespassing, and false imprisonment, among others.
If they did it on purpose, then you should file an intentional tort claim. Civil wrongs that fall in this category include assault, battery, false imprisonment, trespassing, and more.
Negligence
“The events that led to your unfortunate accident may not have been intentional. However, they may not reflect the care that a reasonable person would exercise under the same circumstances, otherwise known as negligence,” says personal injury attorney John Yannone.
Here is how liability works in negligence personal lawsuits in the US:
Comparative negligence
This is the legal doctrine adopted by many US States, including Washington, D.C. Let’s look at a real example to understand how comparative negligence works.
Say a driver running a red light T-bones your car at an intersection. Sure, they broke the rules. But you did, too, as the court determined you were speeding.
In such a case, each of you will be assigned percentages according to your level of fault. Hence, if you were 30% liable for the accident, you would only recover 70% of the damages.
Contributory negligence
Only a handful of US states have adopted the contributory negligence rule, including Alabama, Maryland, and North Carolina. In these areas, if you were found to have a share of fault, regardless of how minor, you cannot claim damages.
Strict Liability
Depending on the nature of the accident, you can file a lawsuit without proving negligence or intent based on the theory of strict liability.
Here, liability is not contingent on fault as with negligence or intentional tort; it is based on the action’s inherent risk or the nature of the product.
Suppose you purchase a microwave from a reputable manufacturer, but it unexpectedly explodes and causes injury at home. You can pursue a product liability against the manufacturer. These entities bear strict responsibility for any defects in their product that cause injury.
Vicarious Liability
It’s also important to understand vicarious liability, which holds employees accountable for their workers’ actions. To put this into perspective, if a recklessly driven delivery van hits you and causes injury, you can sue the delivery company for its employees’ wrongdoings.
Conclusion
We hope our blog has brought you closer to understanding the legal nuances surrounding liability in your personal injury lawsuit. The specific nature of the events surrounding your accident will determine the applicable theory of liability. That’s why working with a skilled personal injury lawyer is essential. They will help you understand the legal doctrines that apply to your claim and use them accordingly.
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