What must be applied to an accident caused by a negligent person or entity which resulted in someone’s injury? What is done in order to decide who is legally at fault for that accident? “Liability” is a legal term coined as the determination of the legal responsibility of an injury or accident, which is sometimes complicated to establish, but is often on the basis of whether someone acted negligently or carelessly towards another individual. The legal fault for the accident has to be determined before the victim of the accident can deem a business or a person responsible for paying for their injuries.
The majority of accidents occur because another person was negligent, reckless, or careless. The most simple rule for personal injury accidents is that one person involved in the accident was less cautious than the other person which resulted in the accident and the other person’s injuries. When that occurs, the person who was less cautious must be required to pay a portion of the damages that the other person sustained from the accident. Percy Martinez Law Firm has a skilled set of lawyers who focus on fighting for victims of a personal injury. The firm will determine who is at fault and strive for the maximum compensation.
Legal Liability: The Basics
The rule of carelessness is the factor that is used in order to establish legal liability for all accident. Below will be listed the propositions that are needed for one or more of the following:
- The person who caused the accident might not be liable if the victim was at ap lace where they were not supposed to be, or that they knew that they may be injured due to some kind of activity that was occurring there. This happens because the person who caused the accident has no “duty” towards the victim of the accident.
- If comparative negligence was exercised by the victim of the accident, he or she might have the amount they receive for compensation reduced because they also took part in their accident.
- Legally liability may fall on the employer of an employee that caused an accident.
- The owner of a property can be legally liable for an accident caused by a dangerous condition of their property regardless of them knowing about the dangerous condition or not.
- The seller and manufacturer of a product can be found guilty for an accident caused by a defective product.
Most states will hold any one of the careless parties legally responsible for the damages despite there being more than one person responsible for the accident. The firm of Percy Martinez and his lawyers of personal injury accidents will determine who is more suitable to file the lawsuit against. The firm knows all the tricks and laws associated with personal injury claims.