What is liability?
There are two elements to every personal injury case that must be determined-damages and liability. Damages have to do with the degree of the loss or injury, including physical injury and disability, emotional distress, pain and suffering, loss of wages, and other expenses. Monetary compensation is awarded to the injured party in this regard. There may also be punitive damages awarded for the reprehensible actions of the party that caused the injuries
Liability has to do with the establishment of proof showing that the defendant is responsible for the injuries of the plaintiff. The bottom line is an individual cannot bring suit for damages if they are not able to establish who is responsible for the injuries they have received. In order for a plaintiff to win their case, they must prove that the defendant was legally liable to act in a particular manner (or not act), and failed to act in that way and that the plaintiff’s injuries occurred because of this “breach of conduct”. Proving liability in a personal injury claim or a lawsuit is crucial to winning your case and obtaining a positive settlement offer. More here on this website
Types of Liability
Liability is a broad area. There are different types of liability, and many different criteria for determining liability, depending on the type of accident or negligence involved. The criteria for establishing liability in a car or motorcycle accident would be different than for a slip and fall accident, premises liability, product liability, or medical malpractice case. See this website
Strict liability means that just the fact that the product caused harm is enough to file a lawsuit, and negligence does not have to be proved. It applies when inherently hazardous activities are engaged in such as keeping wild animals in a circus. It also may apply in product liability cases, where is it enough to prove that a product was defective.
Comparative liability involves the determination of what portion of liability an individual may have that contributed to a person’s injuries. This may also include the person himself. An example would be if a driver runs a stop sign and hits another car and injures the driver, but the driver of that car was talking on a cell phone at the time. The injured driver may also be partly responsible for their own injuries and bears some liability for the accident.