Law Offices of Barry Pasternack
How Does Liability Factor Into a Personal Injury Suit?
When someone is inside a grocery store in California and slips and falls, is the injured person able to sue? The answer depends on liability. If someone slipped due to untied shoelaces, then filing a suit against the grocery store may seem ludicrous. If the person fell due to a slippery floor, then there may be a case. Once again, the merits could center on liability.
Understanding the Legal Issue of Liability
Liability refers to someone’s legal responsibility. At a worksite, the employer might be legally responsible for providing employees with protective equipment. Failure to do so could open that employer to a liability suit.
Negligence might factor into lawsuits revolving around liability. Did someone perform an action that caused harm, or did the person not act when they were supposed to do so? When a grocery store employee drops a bottle of spaghetti sauce and then doesn’t bother to clean it up, that might be negligent behavior. Mopping the floor and not placing any signs warning shoppers about slip-and-fall hazards might also be negligent.
Such scenarios could extend to a homeowner who doesn’t sweep debris from the sidewalk. If someone slips and falls, the victim might sue. Drunk drivers may find themselves involved in civil suits after causing an accident as well.
Injuries, Losses, and Liabilities
What if someone falls and doesn’t get hurt? It might be difficult to sue when there are no injuries or any necessary medical treatment. And the courts might require a decent amount of proof before making any decisions in a plaintiff’s favor.
Often, personal injury cases involve insurance settlements. Business, homeowner, and auto policies typically offer liability coverage. Injured parties could file a claim up to the policy’s limits. Anything over that amount may require filing a claim with an umbrella policy or going to court. Expect the insurance company to seek proof of liability, injury, and negligence.
Liability factors into personal injury claims and persons injured by others’ actions or non-actions may have a legitimate case. An attorney could represent a victim in a lawsuit or insurance settlement negotiations.