Determining Liability in Personal Injury Cases

For anyone who has suffered harm due to the negligence of others, determining liability is an important first step in seeking compensation. The process involves a detailed analysis of the circumstances surrounding the incident, aiming to establish whether the responsible party owed a duty of care, breached that duty, and directly caused the injuries suffered by the victim.

To accurately determine liability requires a solid understanding of legal precedents, standards, and the nuances of each unique case. In the following sections, we explore different scenarios in which negligence can arise, highlighting the broad range of incidents that can lead to personal injury claims.

Understanding Negligence – The Foundation of Personal Injury Claims

Liability in personal injury cases hinges on the concept of negligence. Negligence occurs when a person or entity fails to exercise reasonable care, resulting in harm to another. To establish liability, it must be demonstrated that the responsible party owed a duty of care, breached that duty, and directly caused the injuries sustained by the victim. Examples of negligence that may result in a personal injury claim include:

• Distracted Driving – Operating a vehicle while texting, talking on the phone, or engaging in other distractions.
• Premises Liability – Failing to maintain safe conditions on a property, leading to slip and fall accidents or other injuries.
• Medical Malpractice – Providing substandard medical care that causes harm to a patient.
• Product Liability – Manufacturing or selling defective products that result in injuries or harm to consumers.
• Negligent Security – Failing to provide adequate security measures, leading to assaults or injuries on the premises.
• Failure to Follow Traffic Laws – Disregarding traffic signals, speeding, or engaging in reckless driving.
• Unsafe Work Conditions – Neglecting safety protocols in the workplace, leading to accidents and injuries.
• Failure to Warn – Not providing sufficient warnings about potential dangers associated with a product or premises.

Proving Duty of Care

Central to determining liability is establishing that the at-fault party owed a duty of care to the victim. Understanding how duty of care can manifest in different situations is necessary for building a compelling legal argument.

For example, property owners have a duty of care to those who enter their premises. However, the level of responsibility can differ based on the visitor’s status:

• Invitee – Guests who are invited onto the property for mutual benefit, such as customers in a store, are owed a high duty of care. Property owners must address and rectify potential hazards to ensure a safe environment.
• Licensee – Individuals who enter the property for their own purposes, with the owner’s permission, still warrant a duty of care, though it may be slightly reduced compared to invitees.
• Trespasser – While property owners owe the least duty of care to trespassers, they are not entirely absolved of responsibility. If there are known risks on the property, the owner may be required to take reasonable steps to prevent harm to trespassers, especially if the trespassers are children.

Piecing Together the Puzzle

In personal injury cases, the strength of the evidence is significant. At Altman & Altman, LLP, our legal team gathers and assesses evidence to support our clients’ claims. This often includes accident reports, witness statements, surveillance footage, expert opinions, and, importantly, comprehensive medical documentation. A well-supported case not only helps establish liability but also strengthens the negotiation position during settlement discussions or in court.

Negotiating Comparative Negligence

It’s worth nothing that Massachusetts operates under a modified comparative negligence system, allowing for compensation even if the injured party bears some responsibility for the incident. However, in these situations, the recovery amount is reduced proportionally to the degree of fault assigned.

Altman & Altman, LLP – Your Recovery is Our Priority

Determining liability demands a strategic approach. At Altman & Altman, LLP, our attorneys leverage their experience and knowledge to craft compelling arguments that establish the negligence of the at-fault party. Whether through negotiation or litigation, our goal is to secure the compensation our clients deserve by holding the responsible parties accountable for their actions. If you’ve suffered injuries due to the negligence of another, our dedicated injury team is here to help. Contact us today for a free and confidential consultation about your case.