Liability in Personal Injury Cases

Liability in personal injury casesA lot of people firmly believe that accidents “just happen.” A definition for the word itself includes words like “by chance” or “without apparent or deliberate cause.” But the truth of the matter is that accidents do not just happen. There are reasons why a car or truck accident took place. There is a reason why you slipped and fell on that unkempt sidewalk. There is a reason why that power tool left you injured while on the job.

Personal Injury Accidents

Personal injury accidents usually happen because of someone’s neglect or carelessness. The person found to be negligent in the situation can be found legally responsible for the accident, which is also known as liability. If you suffered a personal injury because of someone else’s negligence you can pursue compensation for your injuries but before you can do that you must determine who was actually legally at fault.

In order to do this, the parties involved in the situation must be weighed against each other in terms of how careful they each were in the incident. Usually, if one person was less careful than the other person, the less careful person would have to pay at least a portion of the damages suffered by the more careful one.

It is simple enough and there are also a handful of propositions that can help determine legal liability in different situations.

  • If the negligent person who caused the accident while working for someone else, they can both be legally responsible for the accident.
  • If the person that got injured was where they were not supposed to be then that may take liability off the person who caused the accident because they did not have any “duty” to be careful toward the person injured.
  • Property owners can be held liable if an accident takes place on their property and they were neglectful in keeping it maintained properly.
  • When it comes to defective products, both the manufacturer and seller of the product are liable.

Each surrounding situation will usually have one of the two parties being found responsible. But it is important to note that the carelessness or neglect of the person injured can affect the amount of compensation you may be entitled to. This is known as comparative negligence.

Schedule a Consultation With a New Jersey Personal Injury Lawyer

If you or a loved one has been dealing with a personal injury and are looking to explore your legal options, you should contact our law firm today. The attorneys at Rudnick, Addonizio, Pappa & Casazza are ready to fight for your rights.                                                                

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.

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