Personal Injury: Proving Liability
At the Strazzullo Law Firm we have helped many clients with their personal injury claims, from car accidents to product defects and premises liability. Our Brooklyn attorneys have helped publish this article to inform our readers on the general rules about liability in personal injury claims.
Liability is the term for the legal responsibility in an accident or injury. Negligence is the weightiest factor in determining the legal responsibility of one party over others. Negligence is the carelessness or “negligent” actions that cause an accident.
The basic rule in determining liability is: if one person in the accident was less careful than another, the less careful person must pay for a least a portion of the damages of the more careful person. The liability in an accident is usually determined by one or more of these circumstances:
- If the injured person was where he or she should not have been, and should have expected the kind of activity which caused the accident, the person who caused the accident had no “duty” to be careful toward the injured person and may not be liable.
- If the injured person was also careless, their compensation may be decreased accordingly. This is known as comparative negligence.
- If the negligent person is working for someone else when they cause the accident, the employer may be liable.
- If an accident occurs because a property is poorly maintained or built, the property owner may be liable, even if they were unaware of or did not cause the danger.
- If an accident is caused by a product defect, the designer, manufacturer, or seller may be liable for damages.