When someone is injured, there could be another party who is at fault for the accident. While the injured individual could be responsible for his or her own injury, there’s a possibility a third party also carried fault. What are the bases for personal injury liability? The following are three.
This is perhaps the most common and well-known basis for personal injury. Negligence occurs when someone fails to provide a certain level of care for another individual. For example, someone could have chosen to read a text while driving. If that person hit someone, it would be his or her negligence that caused the accident.
Another example could include a homeowner who fails to repair a crumbled sidewalk. When someone walks down the sidewalk and trips on the broken pieces, therefore sustaining an injury, that homeowner could be found negligent and responsible for the injuries.
2. Intentional Wrongdoing
Some personal injury cases stem from someone intentionally doing something wrong. For example, one person may not like how another person is acting. He or she might punch the individual. The injured person could file a personal injury lawsuit on the basis of intentional wrongdoing. In some cases, one individual injures someone as part of a practical joke, and that could be considered intentional wrongdoings as well.
In these situations, a criminal case often results and is brought by the government. Although the criminal case exists, the injured individual can still proceed with a civil case against the same defendant.
3. Strict Liability
In cases such as manufacturer defects or other similar situations, the injured individual doesn’t have to prove negligence. Instead, the company carries strict liability for any injuries resulting from their defective products. The plaintiff would need to show that the manufacturer designed or built the product in a way that was unreasonable, or that the way in which the product was intended to be used was unreasonable.
Learning More About Personal Injury
There are about as many different types of personal injury cases as you can imagine. When someone is injured, there are often many parties that hold responsibility for the injuries. If you have been hurt in an accident, there are a few bases for liability, so if your accident doesn’t fall under typical negligence, you could still have a case. Contact an attorney, like a personal injury attorney in Indianapolis, IN from Ward & Ward Law Firm, today to learn more about liability and what you can do to receive compensation.