There are many different kinds of accidents that can cause injury to people. It may be a car accident, dog bite, defective product, etc. Either way liability plays a big role in determining who is at fault for the injuries. This article will discuss some keys to take into consideration in your personal injury negligence case
According to the Cornell Law School Legal Information Institute negligence is defined as:
“A failure to behave with the level of care that someone of ordinary prudence would have exercised under the circumstances. The behavior usually consists of actions that can also consist of omissions when there is some duty to act.”
Keys in a Negligence Personal Injury Case
When it comes to cases ruled by negligence the issue of liability is decided by figuring out who acted carelessly. This, therefore, affects the whole outlook of the case. As a result, it is important to apply a few basic principles so as to succeed in your case. Some of these basic principles include the following:
- Careful v. careless – it is important to show that you were the careful party in the accident and the other was careless. This is because generally the person who was careless or negligent pays for damages.
- If the negligent person who caused the accident did so while working for someone else, liability extends to the employer. Therefore, the employer becomes another defendant in your case.
- Dangerous property and defective products – in cases of dangerous property and defective products liability falls on the owner of the property or manufacturer or seller. This is regardless as to whether they actually created the danger or the defect.
- If you were careless in some way causing the accident then your compensation will be reduced by a percentage. The percentage is that of the extent to which you were carelessness.
Speak to a Vinson Law Office personal injury attorney today for a free initial consultation.