Understanding Liability, Negligence, And Fault In Your Personal Injury Case
Michael Babboni
Law
Whether you are injured in a car accident, a slip and fall, or were bitten by a dog, you may be wondering if you can file a claim for damages. Damages can be used to pay for all the expenses incurred as a result of the injury like medical bills or lost wages. However, in the state of Florida, you can only claim damages if you can prove the other party was responsible for your injuries. The ability to receive damages is predicated on a couple of legal concepts: Liability, negligence, and fault. If you’ve been injured by the actions of someone else, here’s what you need to know.What Is Liability?
Liability is a legal concept. It essentially means that you are responsible for the outcomes that occurred as a result of your actions. In personal injury law, one of the first things you need to determine is who is liable. Liability is based on the concept of duty. For example:
● A driver has a duty to follow traffic laws.
● A store owner has a duty to keep their premises safe for customers.
● A dog owner has a duty to ensure their dog does not attack people.
To establish liability, Florida courts will first look at whether or not the party had a duty. If they were in breach of their duty, they are liable.
● A speeding driver is liable for an accident.
● A store owner with broken steps is liable for a fall.
● The dog owner is liable for the dog bites.
If you are filing a claim for your injuries, it will be against the liable party.
What Is Negligence?
The next important legal concept is negligence. Negligence is when the liable party breaches their duty. For example:
● A speeding driver is negligent in their duty to follow traffic laws.
● A store owner is negligent in their duty to provide a safe store for their customers.
● A dog owner is negligent if they don't follow leash laws.
In many cases to pursue a claim, you have to establish the liable party was negligent. If the party is proven to be negligent, they are then considered at fault.
What Is Fault?
Fault is a legal term for who is overall responsible for the damages as a result of the accident. For example:
● The driver is at fault for the accident they caused by speeding.
● The store owner is at fault for a customer falling down the broken stairs.
● The dog owner is at fault for the bite caused by their unleashed dog.
This is a little more complicated however in the state of Florida. In Florida, the courts understand that things aren’t always black and white. So they look at all parties and then split the fault based on a percentage. For example, if the speeding driver hit a car running a red light. Both were negligent in their duty to follow traffic laws and thus both are liable for the accident. The courts may assign 50% fault to both parties, which then impacts the distribution of the claim settlement.
These are the three core legal concepts you have to prove during a personal injury case. Being able to identify the liable party, proving they were negligent in their duty, and thus, at fault for the accident is pretty challenging. Fortunately, The St. Pete’s Lawyer Michael Babboni can help. With over 30 years of fighting for Florida accident injury victims, he knows exactly what evidence needs to be presented to establish liability, negligence, and fault. If you have any questions, give Michael a call at 1-727-381-9200. He’ll be happy to help.