Determining Liability in a Personal Injury Case

One of the most important parts of any personal injury claim is establishing a liable party from whom monetary damages can be demanded. In a car accident case, the liable party is likely to be a negligent driver. In a slip and fall case, the liability likely lies with a home or other property owner.

Establishing liability for an injury claim involves establishing several key elements, and showing how, either through negligence or intent, the party in question caused undue injury.

Who Has Duty to the Injured Party?

The first step in establishing a liable party is determining who had a duty to prevent such accidents from occurring. Duty is a legal concept whereby certain persons have a responsibility to keep others safe from undue harm.

For example, a store owner has a legal duty to ensure the store is a safe place for patrons to shop. If a liquid is spilled on the floor, creating a potentially dangerous slippery surface, the store owner has a duty to clean up the spill quickly.

On the road, drivers have a duty to obey all the rules of the road, so as to keep other drivers safe. For example, running a stop sign or driving drunk would constitute a breach of that duty.

Negligence: Breach of Duty

In the great majority of personal injury cases, the breach of duty comes in the form of negligence. The store owner simply not rushing to clean up a spill, or the driver not paying attention and running through a stop sign. Negligence on it’s own doesn’t justify a civil tort claim, but when that negligence leads to injury, it does.

Cause: Linking Negligence to Injury

The final link in the chain to liability requires showing how, exactly, the breach of duty lead to an undue injury. In some cases, it may be simple. If the driver running the red light t-bones your car, then it’s pretty straightforward to show how his or her negligence lead to your damages.

On the other hand, the store owner may not have had sufficient time to clean up a spill. Perhaps the spill had only just occurred seconds before you slipped on it, breaking your arm.

Establishing liability can be a difficult part of winning a personal injury claim. It requires an attorney experienced in these types of cases to establish the facts and build a case that will win at trial.

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