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How to Determine Liability in Different Types of Personal Injury Claims

By Edited Aug 19, 2016 0 0

There are various types of personal injury claims and determining liability in each is different from the other.
Each personal injury type has its own set of laws that would determine the level of fault.
The most common types of personal injury cases are:

Vehicular Accident injuries
This refers to injuries from accidents involving cars, trucks, buses, motorcycles, bicycles, trains, boats and planes.
Vehicle accidents can be a collision between a vehicle and:
· An inanimate object
· Another vehicle
· A pedestrian
State laws usually dictate the laws that determine liabilities such as:
· DUI laws
· Speed limits
· Reckless and Aggressive driving laws
However, there are instances where federal law will be followed especially if the vehicle travels through interstate or international routes.
The vehicle accidents that may be covered under federal law are:
· Plane accidents
· Truck accidents
· Train accidents
· Offshore accidents (cruise ships, oil platforms)
The negligence tort is usually used to prove liability in vehicular accidents, which means that the claimant must prove that the defendant has failed to act in a way that a reasonable person would have in the same situation.
However, if the vehicle is a public transportation or are in the business of transporting people or property for profit, then it can use the common carrier principle.
Under the common carrier principle, covered drivers and vehicle owners are required to take higher level of care in ensuring the safety of their passengers.
To determine liability, the claimant just has to prove that the driver or the owner failed to meet that required higher level of care.

Slip, Trip and Fall Injuries
Liability in slip, trip and fall accidents are usually determined under the premises liability law.
Under state law, all property owners are required to keep the property premises safe for the community.
However the amount of liability will depend on what type of visitor the claimant is.
The different types of visitors are:
· Invitee – These are visitors who are in the premises for the benefit of the owner thus they are owed the highest level of care. Examples would be patrons and customers.
· Licensee – These are visitors who are in the premises with the permission of the owner but do not provide any benefit to the visit. A salesman would be a perfect example.
· Trespasser – These visitors have no permission to be on the premises so the owner owes them little to no care.

Defective Product Injuries
The strict liability doctrine is usually used to determine liability in defective product accidents.
Under strict liability, the manufacturer can be held liable as long as the claimant can prove that the product has a safety defect and it proximately caused his injury.

Animal/Dog Attack Injuries
Generally the pet owner is the one held liable for any injuries the animal caused.
Under state law, the pet owner can be held liable for an animal attack if:
· The pet had previous history of aggressive behavior against humans
· The owner has been negligent in keeping his pet from attacking humans
· The pet is a breed that has aggressive tendencies.
To make a successful personal injury claim, make sure that you get the services of an expert personal injury lawyer.



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