Factors Determining Liability as Commented on by the Crowson Law Group
Trying to determine who has legal responsibility for an accident can be a complicated process and rests on the basic realization as to whether the person was careless or negligent. The other term for legal responsibility is liability. In most cases, accidents occur because one party to the accident was careless. For more information related to the process of determining who is legally responsible for an accident, comments of a spokesperson from the Crowson Law Group were provided. How does one determine who is responsible for an accident? The spokesperson responded that, “there is a basic rule that applies ‘if one person involved in an accident was less careful than the other person, the less careful person is required to pay for at least a portion of the damages and injury suffered by the other party to the accident, that is the more careful person.’ This basic rule is one of the determining factors of legal liability.” The spokesperson further stated that the rule mentioned above was not the only determining factor and that there are other factors which include the following:
â€˘ If the injured person was where he or she was not supposed to be or somewhere he or she should have expected to find the kind of activity which caused the accident to happen. In such instances the person who caused the accident might not be liable for the injury as that person had no duty to be careful toward the injured person as they were where they were not supposed to be. For example, a person waiting for a train slips and falls from an area reserved for train personnel only and not customers. â€˘ If the injured person was also careless, his or her compensation will be reduced to the extent to which he or she was responsible for the accident; this is also known as comparative negligence. Take the example of driver A who is seeking one hundred thousand dollars and is found to be ten percent responsible for the accident that fractured his wrist. If the one hundred thousand dollars is approved as his or her damages, he or she will only receive ninety thousand dollars after deducting his ten percent of responsibility that caused the accident. â€˘ If a negligent person who caused the accident was driving a corporate vehicle and was employed by the company at the time of the accident, the employer is legally responsible for the accident.
• If an accident occurs on property that is dangerous as a result of being poorly built or maintained, the owner of the property is liable for being careless in maintaining the property despite the fact that he or she actually created the dangerous condition. • If an accident is caused by a defective product, the manufacturer and the seller of the product are both liable for the damage, harm or injury suffered by the consumer who bought, used and was injured while using the defective product. The spokesperson stated that, “if an individual with a personal injury claim needs advice and representation and are looking for Anchorage law firms with experience in that area of law, the individual should seek out a law firm of professionals for assistance.”
About the company: The Crowson Law Group is a law firm of renowned professionals with expertise and experience in personal injury claims which range from auto accidents, aircraft accidents, workerâ€™s compensation, train accidents, nursing home negligence, medical malpractice and more. Crowson Law Group has the necessary experience to represent your interests.