Personal Injury: Who is at Fault?

It can be a complicated process to determine who is at fault in a personal injury situation. While it may seem obvious that the party causing the accident would pay, there are several questions that must be answered first.

After a personal injury, it must be determined who is responsible for the incident. This is called 'legal liability.' This process seeks to answer the question: Who was the most careless in the accident?

Several personal injury situations can be used to find a clear answer to this basic question:

o Was the careless person working for someone else at the time of the event? If so, the employer may also be 'legally liable.'

o Was the location dangerous because of poor maintenance, improper signage or other reasons? If so, the property owner may be 'legally liable' for the personal injury.

o Was the injured party in a prohibited location or an environment where the type of injury could be expected? If so, compensation may not be available.

o Did a defective product cause the personal injury? If so, the 'liability' may rest upon the manufacturer and/or the seller.

o Did the injured party also exhibit careless behavior? If so, 'liability' may be shared between both parties.

The person or business who is found to be more careless is the party responsible for paying at least a portion of the costs.

In any of these events or other circumstances leading to personal injury, it is best to work through the details with an attorney. In order to navigate this maze of questions and answers, call Chancey, Kanavos, Love & Painter about your personal injury claim.

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