Proving liability in a personal injury case can be complex, and is related to whether or not the defendant was negligent, and if his negligence caused the injury.Determining Legal Fault
Most accidents occur because someone was careless. Basically, if one party in an accident was less careful than the other (or more negligent), the negligent party is held liable for at least a portion of the damages suffered by the more careful party.
There are some instances where a party might not be considered liable, or only partially liable:
- If the injured person was trespassing or should have reasonably expected the type of activity that caused his injuries, the person who caused the accident may not be liable because he owed no duty of care to the injured person.
- The injured person was partially at fault for his own injuries, and as a result cannot receive compensation in North Carolina, even if his relative fault was extremely slight.
- The negligent person caused the accident while in the course and scope of his employment, and consequently his employer might also be legally responsible for the injury.
- The accident occurred on property this is proven to be dangerous, and as a result the owner of the property may be held liable for not maintaining the property, whether or not he actually created the dangerous condition.
- A defective product caused the injury, and the manufacturer and seller of the product may both be held liable for the harm.
If you’ve sustained a personal injury in Durham County, North Carolina, you need solid legal representation from an attorney experienced in personal injury law. Contact the accident attorneys at Nagle & Associates online or call (800) 411-1583 for a free case evaluation. We handle cases on a contingency basis, meaning that if you don’t recover, we don’t get paid. Call today.