Rules for Finding Fault in a Personal Injury Case

Why determining liability is complicated.

You were injured, and the person responsible for your injuries needs to pay for them. Seems simple enough, right? Determining liability is usually anything but simple. When a person or company is liable, it means that they hold the legal responsibility, but establishing liability for personal injury accidents isn’t always easy. Keep in mind, determining liability is needed in all aspects of the law. This means it is needed in slip and fall accidents, auto or truck accidents or simple negligent cases. No matter the case, we at Mac Hester Law are here to help.

Determining liability, how is it done?

Most accidents don’t happen because of outright cruelty or vindictiveness, they happen because of someone’s carelessness. In order to determine liability, you need to consult the rule of carelessness, which basically states that if someone in the accident was less careful than the other party involved, they have to pay for a portion of the more careful individual’s damages. In addition to the rule of carelessness, you also need to consider the following:

  • If the negligent individual was working for someone else when the accident occurred, it is possible that the employer can also be held legally responsible.
  • If a defective product caused the accident, both the seller and the manufacturers are liable, even if the party who is actually responsible for the defect can’t be determined.
  • If the accident occurs on a property that is poorly maintained or built or is dangerous in some other way, the owner is legally responsible because they neglected to take care of their property.
  • If the person who was injured was the one being careless, their compensation is likely to be reduced.
  • If the injured person was somewhere they should have expected to become injured or they were somewhere they weren’t supposed to be, the individual who caused the injury may not be held legally responsible.

Need Help Determining liability in a Situation You Are Going Through? We can help!

Call Mac Hester Law at 970-493-1866 to explore your options. We have your best interest in mind!

When determining liability it is critical to have a legal opinion. Mac Hester Law understands how to establish liability and knows the process of determining liability for our clients. We have served several people in this aspect of Colorado personal injury law and are looking forward to helping many more.


Recent Posts