Proving Fault For Your InjuriesOn March 23, 2020 by Millerie Penbrock
The law applies a basic rule: If one person involved in an accident was less careful than another, the less careful one must pay for at least a portion of the damages suffered by the more careful one. Legal liability for almost all injuries is determined by this rule of carelessness, and by one or more of the following simple propositions:
- If a person was injured on the property of another, and either was not supposed to be there, or should have known of a dangerous condition on the property, the person who caused the accident might not be liable because that person had no “duty” to be careful toward the injured person.
- If the injured person was also careless, his or her compensation may be reduced by the extent such carelessness was also responsible for the accident. This is known as “comparative negligence.”
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- If a negligent person causes an accident while working for someone else, the employer may also be legally responsible for the accident.
- If an accident is caused on property that is dangerous because it is poorly built or maintained, the owner of the property is liable for being careless in maintaining the property, regardless of whether he or she actually created the dangerous condition.
- If an accident is caused by a defective product, the manufacturer and seller of the product are both liable even if the injured person doesn’t know which one was careless in creating or allowing the defect, or exactly how the defect happened.