Liability

Liability is the legal responsibility for someone’s damages. A party can be liable for damages if they intentionally or negligently cause someone to sustain injuries and losses. A party may also be liable for another party’s actions in specific situations.

Establishing liability for a personal injury claim generally involves proving negligence. However, intentional torts, strict liability, and vicarious liability could also result in liability for damages.

Proving Liability for Personal Injury Claims in Hamilton, ON

Proving Liability for Personal Injury Claims in Hamilton, ON

Several legal causes of action can establish liability for damages. These include:

Negligence

Negligence is among the most common causes of action for personal injury cases. A party is negligent if they fail to use a reasonable standard of care. Proving negligence requires the injured party to establish the following legal elements:

  • Duty of Care: The at-fault party had a legal duty of care, such as the duty of care all drivers have for following traffic laws and exercising safe driving behaviors.
  • Breach of Duty: The at-fault party failed to exercise the standard of care required for the situation. For example, a property owner may have failed to maintain safe premises, or a driver may have failed to yield the right of way.
  • Causation: The at-fault party’s actions or failure to act was a direct and proximate cause of the victim’s injuries. For example, the accident would not have occurred “but for” the other driver’s actions. The other driver could have reasonably foreseen that running a red light could cause a car crash.
  • Damages: These are tangible and intangible losses a victim sustains because of the at-fault party’s conduct. 

The at-fault party may raise defenses to negligence claims, including contributory negligence. If the victim is partially at fault for causing their injuries, it could impact the value of their personal injury claim.

Intentional Torts

Intentional torts are usually crimes that cause someone harm or injury. In addition to facing criminal penalties, the party may be sued in civil court for damages. Examples of intentional torts include, but are not limited to:

  • Battery
  • Assault
  • False imprisonment
  • Trespassing
  • Harassment

The victim must prove that the party committed the acts in question with the intent to cause harm or injury. A victim can file a personal injury claim based on intentional torts even if the government does not pursue criminal charges.

Strict Liability

In some situations, a party could be strictly liable for damages. If so, the victim does not need to prove that the party was negligent or intended to harm the victim. Instead, they must prove a party’s specific act resulted in the victim’s injuries.

Strict liability only applies in very specific situations. An example of strict liability is legal responsibility for damages arising from a dog bite or other animal attack. Canada tort law may provide for strict liability in some defective product cases.

An attorney must review a case’s specific factors and circumstances to determine if strict liability could apply. Even if a party is strictly liable for damages, the victim still has the burden of proving the at-fault party’s actions caused their injuries and damages to recover compensation.

Vicarious Liability

Generally, only the parties who contribute to the cause of a victim’s injuries are held legally liable for damages. However, an employer may be liable for an employee’s negligence when the employee’s actions lead to someone’s injuries. This type of liability is called vicarious liability.

Vicarious liability could also apply in some cases involving harm caused by a minor. A parent or guardian may be held liable for damages caused by their child. Additionally, depending on the circumstances of the case, the owner of a vehicle could be liable if a driver causes a car wreck.

When Should I Hire a Hamilton Personal Injury Lawyer?

Proving liability for a personal injury claim can be challenging. The victim has the burden of proving each legal element to establish liability. They may also need to defend themselves against various defenses and challenges raised by the at-fault party.

Additionally, many personal injury cases begin with an insurance claim. Insurance companies have unlimited resources to fight claims, including a team of investigators, claims adjusters, and lawyers. Even though an insurance company may claim to have a victim’s best interest in mind, the company seeks to protect itself from liability for claims.

Hiring a Hamilton personal injury lawyer can make a significant difference in the outcome of a personal injury case. The law firm has the resources to investigate the claim and gather evidence proving the legal elements to establish liability. Your lawyer will also understand damages and how to correctly value your damages to maximize the value of your claim.

Talk to a Hamilton Personal Injury Lawyer About Liability in Your Case

Determining liability is key to securing compensation after an accident. At Findlay Personal Injury Lawyers, we investigate the facts, gather evidence, and identify all responsible parties to build a strong case for you. To learn more about how liability impacts your claim, contact us now at (905) 522-9799 for a free consultation.