Liability is a serious issue in both civil and criminal cases. It’s important because liability often determines who pays damages in personal injury claims. Sadly, though, many people don’t fully understand the concept of liability.
Some others think that legal liability works just as the literal definition of the term. That’s why Middletown personal injury attorneys are important.
Lawyers spend several years studying Connecticut law. In the process, they get acquainted with technical legal terms. Since attorneys understand legal language, it’ll be best to hire one immediately after a personal injury accident. In addition, an excellent lawyer can even help you recover compensation for your injuries.
What Is Liability?
Liability has several definitions. However, under personal injury law, it refers to a person’s responsibility for an action. Notably, the law can also impose liability for inactions. Liability exists because the law imposes certain responsibilities on individuals. In tort law, there’s a legal obligation to act reasonably.
This legally imposed obligation is to prevent unnecessary injuries and other damages to individuals. So, for example, all road users must act carefully. This way, they’ll avoid hurting their road neighbors. So, when a person breaches this legal responsibility, the law holds them liable.
Liability here means that they’re at fault for the injury. So, lawyers often use liability and fault interchangeably. Usually, this fault party will have to compensate the injured party for their losses.
Burden and Standard of Proving Middletown Personal Injury Liability
The plaintiff usually has the burden of proving the defendant’s liability. It’s only such proof of liability that guarantees compensation. Furthermore, in Middletown personal injury claims, the standard of proof is on the preponderance of evidence. This means that the plaintiff must convince the court that their version of events is more likely.
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What Are the Types of Liability?
There are various scenarios that can result in personal injury liability in Middletown. So, we examine three major sources of liability below.
Negligence
Negligence is failure to meet the standard of care the law imposes on people. To establish negligence, you must prove the existence of this duty of care. After that, you must then show how the defendant breached this duty of care. For example, premises owners have a responsibility to ensure the environment is safe.
They can breach this duty by leaving their property in an insecure state. However, a plaintiff still has to show that negligence was the proximate cause of their injuries. If another factor hurts them, the negligent party can escape liability. Examples of personal injury claims that can arise from negligence include:
- Motor vehicle accidents
- Premises liability
- Medical malpractice
- Workplace accidents
- Product liability
Intentional Actions
Sometimes defendants hurt the injured party on purpose. Here, the liable party planned the action that caused the plaintiff’s loss. Furthermore, such a fault party would have been aware of the consequences of their action. Some intentional personal injury claims could flow from:
- Sporting accidents
- Assault
- Battery
- Nursing home abuse
Indeed, the defendant intentionally performed the damaging action. Yet, the plaintiff must still prove that it was the cause of their injuries.
Strict Liability
Finally, in some cases, the court doesn’t require proof of the defendant’s mental state. Instead, the law just imposes liability for the party’s actions. So, it’s inconsequential that the defendant didn’t act negligently, intentionally, or recklessly.
Here, it wouldn’t even matter that the defendant took necessary precautions. These are called strict liability cases. Notably, too, strict liability applies in limited instances. A typical example is product liability claims.
Strict Liability in Middletown Dog Bite Cases
The most popular example of strict liability in Middletown is from Connecticut’s dog bite law. This law imposes liability on dog owners for the animal’s damages to property and human bodies. Notably, the dog’s owner mustn’t have been negligent.
Furthermore, the owner or keeper can only escape liability in limited instances. These include where the plaintiff was:
- Trespassing
- Teasing the dog
- Tormenting or abusing the dog
Middletown courts will also impose strict liability on those that perform ultra-hazardous activities. This would be the case where such activities injure individuals.
Let Middletown Personal Injury Attorneys Help You Prove Liability
Have you sustained a personal injury in Middletown? Do you think that you aren’t responsible for the injury? If you’re right, you can recover compensation from the fault party. First, however, you’ll need the best Middletown personal injury attorneys.
At Injured CT, we can help you establish liability for your personal injury case. This would then allow us to ask for the maximum compensation for your losses. So, it’ll be best to call us today for a FREE legal consultation.
Call or text (855)-285-3425 or complete a Free Case Evaluation form