Liability is a Determining Factor in Personal Injury Cases

by | Oct 14, 2015 | Law Services

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Where Personal Injury In Wichita is concerned, liability means that the court has found someone legally responsible for harm caused to another party. When a person is found liable, they must pay the victim for the damage that’s been caused. While many people use the terms “liable” and “guilty” interchangeably, they are different. Liability is an issue in civil cases while guilt is a criminal matter.

• Strict liability

• Involves severe damages where it’s reasonably certain that the at-fault party could have predicted that their actions would cause harm. In these cases, laws prove either mental state or intent.

• Intentional torts

• Involves intentional damages, and the court must prove that the at-fault party planned to cause harm to the victim.

• Negligence

• Involves a non-intentional act that creates an unreasonable risk for the victim. Most jurisdictions recognize slight, gross and criminal negligence.

Liability Laws

The topic of liability appears frequently in personal injury lawsuits. Two commonly seen types of personal injury actions are premises or landowner liability and product liability cases. In a product liability case, the personal injury suit involves a defective or dangerous product. In premises liability cases, the landowner or renter’s liability governs fault for an injury suffered on the property. Most of these types of cases are strict liability, but negligence can come into play as well.

Victims’ Next Actions

For victims of Personal Injury In Wichita, the smartest and best step to take is to click here to consult a personal injury lawyer. An attorney can evaluate the situation and they can determine who caused a person’s injuries. If a product or a specific party is responsible, the company who makes the product or the at-fault party may be liable for lost wages and medical bills, and a company may be forced to stop making the product that caused the injury.

When deciding who’s liable for harm caused to an individual, the courts consider the defendant’s mental state, their intent and other circumstances specific to the case. A personal injury attorney can help to point out negligent behavior that causes injuries, and they can ensure that the proper party is held liable for that behavior. To know more Click Here.