Liability in a Personal Injury Accident
- May 25, 2017
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If you have been injured in an accident because of someone else’s negligence, determining who is legally responsible for your injuries can be challenging. The issue of liability often depends on whether someone was careless or negligent and whether that person’s carelessness or negligent act caused your injuries. To hold a person or entity liable, you must determine who was legally at fault. Here are some general rules that may help you determine liability in a personal injury accident:
Determining Legal Liability
Some accidents happen as a result of someone else’s carelessness. The rule is that if one individual involved in an accident was less careful than the other individual involved in the accident, he or she must pay for some portion of the damages suffered by the injured person.
For most personal injury accidents, legal liability is determined by this general concept of 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 they 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.
Determining liability when more than one person is at fault.
If the injured party can prove that more than one party was responsible for his or her injuries, all the negligent parties are liable for the victim’s injuries. In this case, the advantage is that the injured party can choose from who to collect the damages.
Personal injury attorneys at Rockland Injury Lawyers have over 50 years of experience dealing with accident cases. Our lawyers are skilled and professional. We will do our best to get you or your loved one what he or she deserves as quickly and efficiently as possible. To hire a personal injury lawyer, call us at 845-709-8005 or 800-940-1799 for a free consultation. You can also email at firstname.lastname@example.org or email@example.com.