Who Is Liable in My Personal Injury Case?

There are several types of personal injury liability, and the type applicable to your case will depend on how and where your injury occurred. Each kind of liability comes with its own specific legal considerations, which a skilled attorney will be able to help you navigate.
 

General Negligence Claims

General negligence claims are commonly used to determine liability in personal injury cases. Under general negligence, you, the plaintiff, must prove that the defendant acted recklessly, unreasonably, or carelessly, resulting in your injuries and subsequent damages (hospital bills, lost pay, repairs, etc.).
 
In order for the defendant to be held liable you must prove:

• They owed you a duty of care
• They breached that duty of care
• That breach directly caused the accident which resulted in your injuries
• The damages you suffered were a direct result of your injuries

Depending on the circumstances of the accident, it can be difficult to prove that an individual acted negligently. That’s why it is essential to seek the help of a personal injury lawyer who can gather witness statements, expert testimonies, and detailed documentation of the accident to determine and help prove liability.
 

Strict Liability

A defendant could be held responsible for your damages under strict liability, which doesn’t require you to prove ill intent or negligence. This type of liability often applies in product liability cases when defective or inherently dangerous products are sold to consumers and cause serious harm.
 

Vicarious Liability

When the negligent actions of one party cause another party to be held liable for damages this is called vicarious liability, or imputed negligence. Say, for example, a retail employee’s reckless actions led to the injury of a customer. The employer may be held liable for any resulting damages because they are technically responsible for their employees while they are working. There must be a “supervisory role” between parties for vicarious liability to apply.
 

Negligence Per Se

In some cases, the defendant has the burden of proof instead of the plaintiff. This burden is shifted from the plaintiff under the legal doctrine of negligence per se, which translates to “negligence in itself.” For this to be applicable to a personal injury case, the defendant must have broken a law or regulation without a reasonable excuse. Negligence per se can be applied in car accident cases or truck accident cases if the driver violated the speed limit and caused an accident.