How is legal liability determined in a personal injury accident?
Legal liability in a personal injury accident is determined by carelessness and by the following rules:
- If the injured person at the time of the accident was where he or she was not supposed to be, the person who caused the accident might not be liable because he or she had no duty to be careful toward the injured party.
- If the person was injured because of his own carelessness, his compensation may be reduced by the extent of his carelessness. This is known as comparative negligence.
- If your accident was caused by the negligent act of another person while you were working for someone else, your employer and the negligent person, may be held liable.
- If the accident was due to poorly maintained or dangerous property conditions, the owner of the property is liable, regardless of whether he or she created the dangerous condition.
- If the accident was caused by a poorly made or defective product, the manufacturer and seller of the product are both liable.