Personal injury law allows compensation for victims injured by the acts of others. Sometimes those liable are easy to identify, a drunk driver who hits your vehicle or an assailant who causes injury in a robbery. But sometimes, liability is less clear or is borne by multiple parties. It’s the job of a personal injury attorney to identify everyone responsible and to hold them accountable.
Negligence
The vast majority of personal injuries occur due to negligence, an act by an individual that falls below the conduct expected of a reasonable person. Under the law, it is presumed that a defendant owed a duty to a Plaintiff, and the duty was breached. A good person would expect a driver would not operate a vehicle impaired and cause injury with it.
Intentional Wrongs
And sometimes personal injuries are caused by the intentional acts of others, the robber who causes damage noted above, or defamation, fraud, intentional infliction of emotional distress, or false imprisonment, or conversion of the property, all harmful conduct all compensable.
Strict Liability
Nevertheless, there are times when the injury is caused not by negligence or an intentional act but by an ill-designed or manufactured product. In this case, liability attaches via strict liability statutes. To prove strict liability, a personal injury attorney need only show the injury was caused by a product, and the product was manufactured or designed in a manner that was unreasonably dangerous. It is not unusual for strict liability cases to feature multiple defendants — designers, manufacturers, and sellers. Strict liability statutes also address injury caused by animals and abnormally dangerous activities.
If you have been injured in an accident due to no fault of your own, you need a personal injury attorney with the skill and experience to obtain the compensation you deserve. For a free consultation, contact Robert J. DeBry & Associates.