Duty of Care & Violations Establish Liability
In personal injury law, legal liability is the term used to describe who is to be held accountable for the damages in an accident. It is a crucial component of any claim because you cannot demand compensation from someone who is not found to be legally liable for your injuries.
To establish legal liability, you must first understand the concept of “duty of care.” At all times, people have a duty of care under the law to act reasonably safe when carrying out any action that could foreseeably cause injury to another person if that action is done incorrectly. In other words, you are legally obligated to be careful when care is needed.
For example, imagine a driver that drinks alcohol before getting behind the wheel. Being intoxicated predictably lessens a person’s reaction times and physical control of a vehicle, so it is not reasonably safe to drink and drive, and the duty of care they owe to everyone else has been violated. If a drunk driving accident occurs, then that duty of care violation will place legal liability on the drunk driver if personal injury protection (PIP) insurance does not cover all the damages.
You cannot extend a duty of care to someone you would not reasonably expect to be in danger of your actions, though. This exemption comes up in many premises liability cases involving a trespasser who gets hurt while trespassing. Being that they were not invited to the property and no one knew they were on it, no one owes them the duty of care to protect them from slip and fall hazards. The legal liability for the damages suffered by a burglar who trips on loose carpeting, for example, would be placed on that burglar.
Establishing Legal Liability With Ease
Not sure how you can establish legal liability and show a duty of care in your personal injury claim? Take the guesswork out by working with The Pittman Firm, P.A. and Florida Personal Injury Attorney Wes Pittman. He can call upon his 30+ years of legal experience to help determine liability and your claim’s validity. With his help, you may be able to pursue maximized compensation from the liable party that caused your injuries.
Get more information by scheduling a completely free case evaluation today!