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.
Liable Parties in a Personal Injury Claim
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, itâ€™s possible that more 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, childrenâ€™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. Thatâ€™s because they are responsible for their employeesâ€™ actions.
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 elseâ€™s premises, the owner could be liable. Whether a private residence or a business, if hazardous conditions are to blame for injuries, the injured arty can file a claim.
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 trespasses on a property canâ€™t file a personal injury claim. But there could be exceptions. For instance, attractive nuisance is a legal theory oftentimes used when a child is injured. An example would be a pool in the neighborâ€™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.
Negligence in Personal Injury Claims in Dallas
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 claimantâ€™s own percentage of fault reduces value of damages recovered.
So to hold one of the above-mentioned or other parties liable, a case must present evidence of their careless of reckless behavior. Learn more about how to determine liability for an accident in Texas and contact Julie Johnson for legal help: 214-290-8001.