What Does the Term 'Liable' Mean?

Legal liability is a responsibility or fault that is enforceable by law. In a personal injury claim, legal liability means that the person at fault has to pay for damages caused by their actions. To recover compensation in personal injury law, you have to prove liability.

Legal liability can get complicated when no one can agree on who was at fault or if more than one person was to blame. After a car accident or wrongful death, proving legal liability will allow you to recover compensation. Speak with a personal injury lawyer for legal advice from an expert.

What Is Liability in a Civil Lawsuit?

A tort is a civil wrong that allows the injured party to recover damages. Legal liability for civil complaints can involve:

• Intentional torts
• Negligence
• Medical malpractice
• Strict liability

In civil law, you must prove the at-fault party is liable by a preponderance of the evidence. This is a lower standard than in criminal cases. If you prove the defendant is responsible, you can recover damages, including:

• Medical bills
• Lost wages
• Property damage
• Emotional distress
• Pain and suffering

How Do You Prove Legal Liability?

In a civil case, the plaintiff must prove all the elements of the civil statute to show a defendant’s liability. Proving liability can be different depending on the type of case. For an intentional tort, you must prove an intentional action that caused harm.

Most personal injury claims are based on negligence. Negligence is not intentional. Negligence is an unreasonable action that causes harm. Some parties are liable even if they were not negligent, based on strict liability or vicarious liability. To prove the defendant was the responsible party in your case, talk to your personal injury lawyer.

When Is a Negligent Person Liable for Damages?

Negligence is a breach of the duty of care that causes harm or injury. The elements of negligence include:

• Duty
• Breach
• Causation
• Harm

You have a duty of care to others around you to act like a reasonable person. When you breach that duty and cause harm to another, you may be liable based on negligence. Personal injury claims like a car accident or slip and fall injury are often based on negligence.

For example, a driver runs a stop sign and hits a pedestrian legally in a crosswalk. The driver owes a duty of care to act like a reasonable driver. A good driver would stop at the stop sign. The driver running the stop sign caused the pedestrian to suffer harm. In this example, the driver would likely be liable for the pedestrian’s injuries.

What Is Strict Liability?

You don’t need to prove negligence or intent in strict liability cases. The defendant can be liable just because of the type of accident or injury. Injuries caused by dangerous activity fall under strict liability. Product defect claims are also based on strict liability. If a manufacturer puts out a defective product, they are responsible for any injuries.

In a product liability case, the manufacturer, distributor, or seller can be legally liable. This includes injuries caused by manufacturing defects, design defects, or failure to warn consumers. If you can show the product was dangerous when sold and the product caused the injury, the manufacturer can be strictly liable for damages.

Can More Than One Person Be Liable?

Liability can also be affected by the number of people involved or the degree of their involvement. If multiple people cause an injury together, they could be jointly liable. If they are jointly liable, they would be equally responsible for restitution. Joint liability compensation can depend on state law. In some states, you can recover all damages from any one of the defendants.

With vicarious liability, others can be liable for someone else’s actions. If a negligent employee causes your injuries, the employer can be responsible for their actions. Even though the employee caused the injury, the employer could have the legal responsibility to pay for the damages.

What If You Are Partially Liable for Your Accident?

In some personal injury accidents, the injury victim shares some blame. In a personal injury lawsuit, the victim’s liability is contributory negligence. Different states have different rules for recovering compensation when the victim is liable.

In a few states, if you were at all responsible, it means you couldn’t recover any compensation. In other states, the victim’s injuries are reduced based on their level of fault. When the victim is half at fault for the accident, they may not be able to recover any damages.

For example, you suffered $100,000 in damages in a bike accident. In most states, if you were 30% at fault, you could only recover $70,000 in damages. Comparative negligence laws vary by state. Check with your attorney to find out how your damages can be reduced based on your fault.

How Can a Personal Injury Attorney Prove Liability?

Proving liability will allow you to recover compensation after an injury accident. Your attorney can review your case and determine who is responsible. Your attorney can prove legal liability to help you recover compensation for your injuries. Your attorney can also negotiate a fair settlement agreement. Talk to an experienced attorney about liability in your personal injury case.