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Legal Terms You Should Know: Liability

On Behalf of | Jan 13, 2025 | legal terms you should know series

Leagal Terms You should Know
As personal injury attorneys, we protect the rights of injury victims and their families, while securing the justice they deserve. Our series “Legal Terms You Should Know” serves to inform readers of the legal tools at their disposal in pursuit of justice.

What does liability mean?

Liability is the legal responsibility that individuals, businesses, and other organizations bear for the harm they have caused to another party.

If you have suffered harm at the hands of a company, medical provider, faulty product, or other entity, you must establish and prove liability in a court of law. Without identifying liability, you will not be able to receive compensation for injuries or damages incurred.

How is liability established?

Generally, there are four key elements required to hold people/organizations liable in court. Chief among them is a concept called duty of care. Under this concept, you must demonstrate that the defendant was legally obligated to act with care toward you.

Next, it must be proved that the defendant failed in their obligation to treat you with care. This is called a breach of duty.

In the event a breach of duty occurred, it must also be proven that the breach caused injury or harm. This factor, called causation, requires proof that the defendant’s actions directly caused harm (actual cause) and that the harm incurred was a foreseeable result of the defendant’s actions (proximate cause).

The fourth factor, damages, refers to the losses suffered by the harmed party as a result of the defendant’s actions. Common examples of damages include medical expenses, income losses, and emotional distress.

Categories of liability

Liability can take various forms, so it’s important to identify the basis on which you are claiming harm occurred. Negligence is the most common basis for liability claims. Under claims of negligence, the plaintiff argues that the defendants failed to exercise reasonable care on their behalf. Common examples are medical malpractice cases and car accidents.

Instances of intentional harm, including fraud and assault, are known as intentional torts, and may also warrant liability claims.

While proving intention and negligence are key features of many liability cases, there are also opportunities to pursue claims in which fault is not a factor. This approach, called strict liability, is pursued when the plaintiff has been exposed to defective products or inherently dangerous activity. Under strict liability, liability can be assigned without proof of fault on the defendant’s part.

Routes for compensation

When attorneys successfully prove defendants liable, plaintiffs may be eligible for compensation relating to damages incurred. Compensation is commonly awarded for economic damages, helping plaintiffs recover tangible financial losses like medical bills, property damage, lost wages, and more.

Plaintiffs may also receive compensation for non-economic damages, like emotional distress, pain, and suffering.

For the most severe cases of liability and harm, courts may award compensation for punitive damages, additional damages designed to limit future harm and punish defendants for their activity.

How might defendants argue against liability?

Remember, it is in the interest of defendants to avoid liability and the obligation to pay out damages. As a result, there are several common defenses that individuals, companies, and organizations employ to deny liability.

An easy way to dismiss liability claims is to assert that the plaintiff failed to file their suit in time, violating the statute of limitations. If you miss the statute of limitations deadline, it becomes far more difficult to prove the defendant’s liability in court.

Another common tactic among defendants is claiming that plaintiffs knowingly assumed the risks associated with their injury or harm. Defendants may also argue that the plaintiff is partially at fault for the injury, mitigating the defendant’s liability. This is known as contributory negligence.

What’s the best way to build a case?

If you believe you have a viable liability case, it is important to assemble key evidence relating to the harm incurred. Medical records, statements from witnesses, and injury photographs are all valuable pieces of evidence. If authorities were notified of the incident, police reports and expert testimony could also shed light on the defendant’s activity.

Keep in mind that the task of gathering this evidence does not fall squarely on your shoulders. Your attorney and their team can assist with compiling evidence, helping to build your case as strong as it can be.

Liability cases can be a challenging undertaking, but guidance is available for each step in the process. Our firm specializes in holding bad faith actors to account and delivering justice for victims and their families. We are here to educate and advocate for fairness in the world of liability.

Contact Peter Angelos Law today for a free consultation.