Determining Legal Liability For Accident

Unless he or she has made an egregious mistake, the person that has caused a given accident cannot be charged with a crime. Still, following an accident, the legal system requires establishment of the identity of the person at-fault. Once identified, the person at-fault must carry the burden of legal liability for that particular accident.

Actions that could make a person legally liable for the results of an accidental occurrence

Someone that was not in the location that he or she was supposed to be in, at the time of an accident, should not expect to gain legal support for charging someone else with legal liability for any accident-related damages. That assumes, of course, that the individual that has been made allegedly responsible for damages was situated at the spot where he or she belonged.

Personal Injury Lawyer in Halifax knows that if the evidence indicates that an injured victim acted in a careless manner, during the moments that led up to an accident, then that same victim would have trouble charging someone else with legal liability for any accident-related damages. For instance, if the victim of a car crash had failed to wear a seat belt, then the size of that same victim’s compensation would be greatly reduced.

Relationships that work to determine legal liability

If a negligent person was working for someone else at the time of an accident, then the employer of that negligent individual could be charged with legal liability for any damage that was caused by the careless and neglectful employee.

If an accidental occurrence were to take place on a dangerous piece of property, then the person that owned or controlled that same dangerous area could be held responsible for any injuries to the affected victims. For example, a storeowner could be held responsible for injuries that were sustained by a customer, if that same customer had slipped on a wet area that had not been cleaned up properly.

If an accident’s occurrence has resulted from the manufacture or sale of a defective product, then the court might hold the manufacturer or the seller responsible for any injuries. The product’s user would need to show that he or she got injured during the accident, and that he or she had been using the defective item in accordance with the directions on the label. The nature of the defect would determine the identity of the person named liable. If the defect demonstrated the failure to construct the item correctly, the manufacturer could be hit with liability charges.

If the label did not contain clear and precise directions, then the marketing department could be held responsible for any accident-related damages. Sometimes the product’s designer gets charged with liability, due to a flawed design.

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