The Difference Between a Liable Party & Faultless Party

When you are injured, whether it was a car collision or from an unsafe product, one of your initial questions may be: “Was that my fault or was that another person’s doing?” Legally, fault for an accident is known as “liability.” When an accident occurs, the at-fault party is deemed liable for the other party’s damages, which can include both the financial and emotional toll of the injury like pain and suffering, medical costs, and lost work wages, as well as other economic damages such as property damage.

Traffic Collisions

One of the most common types of accident that results in injury is traffic collisions, which cause over 2.5 million emergency room visits per year according to statistics the Centers for Disease Control and Prevention (CDC). When you are involved in an accident, whoever caused the accident is liable for the damages they cause. Those who are simply victims of circumstance are deemed to be the “faultless” parties, who can then hold the liable parties responsible and collect compensation for damages.

However, determining fault can be complex, and with both parties trying to assign as much blame to each other as possible, things could become complex and confusing unless you’re familiar with the mechanics of car accidents and the laws that govern them. This means you shouldn’t hesitate to seek counsel from a Jonesboro injury attorney to make sure you receive the justice you deserve.

Just because the other driver admitted to being responsible for the accident while at the accident scene doesn’t mean your claim will automatically go over smoothly; once their insurance company gets involved, you’ll more than likely still be required to demonstrate the other party is liable. An experienced attorney will work closely with law enforcement, private investigators, accident witnesses, and expert witnesses to build your case and show that the other driver caused the crash. The more evidence you can present to show your side of the case, the better chance you’ll have of being successful in receiving compensation for your losses.

Premises Liability

Accidents happen all the time in stores, homes, and on public property, many of which are no one’s fault in particular. However, some of these accidents are the fault of the party that is charged with keeping the premises safe: the property or business owner. When you have been injured on someone else’s property because of the negligence of the property or business owner, you could potentially hold them responsible using what is known as “premises liability” law.

Like other forms of personal injury law, premises liability cases are about demonstrating “negligence,” only instead holding another driver, you must hold someone responsible for the condition of a property. In order to win your claim against the insured’s insurance provider or a lawsuit in court, you and your lawyer must be able to prove beyond a reasonable doubt that the property owner was somehow at fault for causing your injury or your loved one’s death. If they are not responsible for your injury, they could be considered “faultless,” and you may have to file your suit against another responsible party.

In the case of a slip and fall accident, you must be able to prove that you fell because of an unsafe condition. Some common unsafe conditions can include something like a puddle in the bathroom of a department store caused by a dripping pipe or a stairwell handrail that broke in a private dwelling that you were invited to.

It is not enough to simply show that the injury occurred on someone else’s property—you must also show the property owner knowingly failed to maintain, repair, or properly warn all visitors of the present hazards. The property or business owner, whether they are the owner of a coffee shop or a condominium, has a duty of care to maintain a safe premise for all invitees. If they violate this duty and you are injured as a result, you could hold them responsible. Your lawyer will analyze your injuries, investigate the premises, and build your case to win in court or to settle out of court.