General Rules For Proving Fault In Personal Injury
Accidents
When it comes to various accidents and other incidents which result in injuries and damages, determining liability can be extremely complicated at times. However, if you check with any injury lawyer in Stoney Creek, you would come to know that the same often rests on the fact as to who among the people involved in the mishap was more negligent during the incident. While it is extremely easy to say that a person was negligent and caused the accident, but the fact is that the same needs to be proved in legal terms or else, the claim would not be finalized.
Any good injury lawyer in Stoney Creek would be able to tell you that normally it is assumed that an accident would only happen because someone was negligent. Therefore, the basic rule that is followed in such cases is that the person who was found to be more negligent is supposed to pay the damages to the person who was not negligent or was less negligent than the person who is found to be more negligent. Legal liability in all these cases is determined by this very rule of carelessness and would hold true every time there is a similar incident, unless there are certain exceptions that come to the fore.
Your injury lawyer in Stoney Creek would tell you in case the person who got injured in the mishap and was careful was at a place where they are not supposed to be, and the defendant could not have expected that person to be there, the liability of the defendant would be accordingly reduced. Also, in case the plaintiff or the victim was also found to be careless in that accident, the liability of the defendant would accordingly reduce in conjunction with the liability of the plaintiff.
In legal terms, it is comparative negligence. In case the defendant caused the accident while working for someone else, the employer would most likely be liable for the accident. In case, the accident is caused on a dangerous property, the owner of the property might also be held liable for the accident and may be required to pay the damages. On the other hand, in case the accident is caused due to the use of a defective product, the manufacturer or the seller of the product would be held liable for the mishap.
Additionally, your injury lawyer in Stoney Creek would surely tell you that in case more than one person is found to be responsible for the accident, the people responsible would be required to decide between themselves as to whose insurance would bear the compensation and the others would contribute with that person for the money that would be paid out as the compensation to the plaintiff. It would however, be required that all defendants would be notified for the same. To read more Click Here