General Rules in Proving Fault in a Personal Injury Accident

» Posted by on Jul 25, 2018 in Colorado Springs personal injury attorney | 0 comments

Identifying the legal responsibilities for an injury or accident, which is usually called as the liability, can actually be complicated. However, it usually rests on whether a certain individual was negligence or careless. On the other hand, it is quite easy to say that the business or person that have caused the injury or the accident itself must pay for the damages. However, before a certain individual get to that topic, you should first determine who was at fault in legal terms.

How to Determine the Legal Liability

A lot of accidents take place due to the fact that someone was careless. Thus, the basic rule here is that if one certain individual involved in a particular accident was reckless compared to another, then the less careful person or business must be the one to pay for at least one port of the overall damages suffered by the person who was more careful.

In addition to that, legal liability for all accidents is also determined by this carelessness rule, and by one or even more of these following propositions:

  1. If the injured individual was where she or he wasn’t supposed to be, or somewhere he should’ve expected a kind of activity that caused the injury or the accident, the individual who caused the accident may not be completely liable because he or she had no duties to be careful toward the person who was injured.
  2. If the individual who was injured was also careless, his compensation might be reduced through the extent how his or her recklessness was also the one responsible for the incident. Basically, this is referred to as the comparative negligence.
  3. The moment a negligent person was the root of the accident while he or she is working for a certain individual, then the employer might also be the one responsible for the incident, when talking about legal terms.
  4. If a certain accident is caused on property that’s dangerous since it is poorly maintained or built, then the property owner is the one liable for his carelessness in terms of caring or maintaining the property, regardless of the fact that whether he created the highly dangerous condition.
  5. The moment the accident is being caused by a product that was defective, the seller and the manufacturer of the product are actually both liable even if the person injured does not know which one was being careless when it comes to allowing or creating the defect, and how exactly the defect took place.

There are a lot of things that you should know when it comes to cases of injuries and accidents. So, in order to make sure that you will be able to know exactly who is liable for a certain incident, then it is highly recommended by experts that you contact a professional and highly reputable Colorado Springs personal injury attorney since they are the most experienced and experts in this field. So, the next time you find yourself in this situation, contact a dependable lawyer right away.

Submit a Comment

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>