An injured person may file a personal injury claim after sustaining serious physical harm believed to be the fault of another party. Liability depends on the circumstances of the event and who owed a duty of care to the injured person.
Negligence is the key to proving fault. An individual or company that owes a duty of care and breaches it because of careless or reckless actions is negligent. In some cases, it’s possible that more than one party is liable. Below are some examples of parties that might hold liability depending on the circumstances.
Manufacturers: Companies that manufacture and then distribute products to consumers can be strictly liable for injuries the product causes. This might be the case for medications, medical devices, children’s products, or any consumer product on the market.
Vicarious liability of companies: Companies might be liable for injuries their employees cause while they are performing their job duties. A common example is a truck accident, which can be more complicated than a typical motor vehicle collision. Trucking companies are oftentimes a liable party, even when it was the driver who acted negligently. That’s because they are responsible for their employees’ actions.
The driver of a motor vehicle: Another type of party that can be liable in a personal injury claim is the driver of a motor vehicle. Claimants must prove that the driver had acted negligently behind the wheel, which could include violating a traffic law, driving in an aggressive manner, intoxication, or driving while distracted.
Property owners: When an individual suffers physical harm on someone else’s premises, the owner could be liable. Whether a private residence or a business, if hazardous conditions are to blame for injuries, the injured party can file a claim.
The property could be hazardous for a number of reasons. Failure to make repairs or clean up a dangerous substance are a couple of examples. Common scenarios that cause injury include slips or trips and falls or incidents involving private or public pools.
Generally, those who trespass on a property can’t file a personal injury claim. But there could be exceptions. For instance, an attractive nuisance is a legal theory oftentimes used when a child is injured. An example would be a pool in the neighbor’s yard that isn’t covered or gated and a child falls into it.
Government employee/entity: In general, the government is protected from lawsuits. But the Texas Tort Claims Act allows certain entities to be held liable for property and personal injury damages. A common example is a government employee operating a motor vehicle.
In Texas, a modified comparative fault system determines whether injured parties can recover compensation. The claimant or plaintiff must be 50 percent at fault or less to be eligible, and then the claimant’s own percentage of fault reduces the value of damages recovered.
So to hold one of the above-mentioned or other parties liable, a case must present evidence of their careless or reckless behavior. Learn more about how to determine liability for an accident in Texas and contact Julie Johnson for legal help: 214-290-8001.
