Accidents happen all the time and when they do, they result in injury. In case you are involved in an accident that was not caused by you, but by someone or something else, you may opt to pursue some legal options. This article will discuss the key issues in an accident.
There are two key liability questions in such a case. These questions are:
1. Who are the liable parties?
2. Did those parties actually cause or fail to prevent the accident from happening?
In case the injured party is suing for insurance compensation; it is his or her responsibility to defend against any claims that it is his or her negligence that contributed or caused the accident.
Theories of Liability in an Accidental Injuries Case
There are two theories that you have to prove for you to hold another party responsible for the injuries that you suffered. These theories are:
– The owner of the property should have noticed a potential accident-causing condition and repaired or removed it, but he or she failed to do so.
– The property owner was the cause of the hazardous condition that led to your accident. For instance, he or she might have left a dangerous obstacle on the path and it is that obstacle that caused your accident.
Proving Liability and Negligence
You also need to prove that the other party was negligent; therefore, he or she is liable for your injuries. You must prove that the individual neglected his or her responsibility of ensuring that environment is safe, something that caused your accident and injuries. To prove that the defendant was negligent, and therefore, responsible for your injuries, there are a couple of factors that you should consider.
These factors are:
– The dangerous condition that caused your accident existed long enough for the defendant to notice it; therefore, he or she could have eliminated it.
– The defendant did not have a policy to regularly inspect his or her property for signs of potential danger, and if he or she did, the correct procedures were not followed.
– There was no reasonable justification for the creation or existence of the potential hazard.
– No measures such as placing adequate warning signs, relocating the hazard, or preventing access to the area were put in place.
– There was limited visibility or poor lighting in the area that contributed to the accident.
Accidental injuries often occur. In case they were caused by the negligence of another party, you have the right to sue for compensation.