If you are hurt in an accident, the at-fault party might owe you compensation for your medical bills, lost wages, and pain and suffering. However, getting the money you are owed can sometimes be a challenge. A Seattle personal injury attorney can help you prove that the defendant was liable for the accident so you can pursue full compensation for your damages.
Liability is the legal responsibility for the damages or injuries resulting from an accident. Once liability has been established, the victim may then move on to proving the value of their losses. Several different types of liability may be present in personal injury cases. Keep reading below to learn more.
Damages Available in Personal Injury Cases
Once liability has been determined, the at-fault party is responsible for all the resulting damages. In most personal injury cases, this includes both economic and non-economic damages. Economic damages compensate victims for their financial losses, while non-economic damages compensate victims for their pain and suffering. In rare cases, punitive damages might also be available.
Liability for Intentional Acts
When you suffer an injury because of someone’s intentional behavior, the consequences are even more frustrating. Not only can the at-fault party face civil liability for intentional torts, but they may also face criminal charges for their actions. Some common examples of intentional torts that create civil liability are:
- Assault
- Battery
- False imprisonment
- Trespass
- Slander or defamation
In addition to both economic and non-economic damages, victims of intentional torts in many states are also entitled to recover punitive damages. Punitive damages are intended to punish the wrongdoer for their behavior. However, punitive damages are generally not allowed in Washington except in situations where they are specifically allowed by statute.
Liability for Negligence
Negligence is the basis for most personal injury claims. Negligence happens when someone acts carelessly or unreasonably. To establish liability caused by negligence, a victim will need to prove:
- A duty of care
- Breach of duty
- Causation
- Damages
If all four elements of negligence are proven, the victim will likely succeed with their claim.
Strict Liability
Another form of liability that may be present in a personal injury claim is strict liability. Strict liability holds parties liable for their actions, even when no negligence is present. Some activities are considered to be so inherently dangerous that the law makes those who engage in these activities responsible for the outcome of their actions. Some examples are:
Product Liability
Generally, product manufacturers, distributors, and retailers are strictly liable for any injuries caused by a defective product. Even when no negligence or ill will is present, a victim may be able to recover damages if a product has a:
- Design defect: a flaw with the underlying design that makes the product inherently unsafe
- Manufacturing defect: issues with the manufacturing process that introduce problems into the product, such as poor materials or workmanship
- Marketing defect: a lack of proper warnings or clear instructions on how to use the product
Simply by introducing a defective product into the stream of commerce, these parties may be held responsible for any resulting injuries.
Ultrahazardous Activities
Ultrahazardous activities are those that are so dangerous by their nature that it can be difficult to totally prevent accidents. By engaging in these activities, you assume liability for any damages that may be caused. For instance, construction companies that engage in blasting activities can be held responsible for any damage they cause, even though they may have taken every precaution to prevent an accident.
Dog Bites
Washington generally follows a strict liability rule regarding dog bites. If a dog bites someone, the dog’s owner may be held responsible for the victim’s injuries even if the dog had no prior history of aggression or biting. This is different from the “one free bite” rule followed in some states, which requires the owner to have known about the dog’s aggressiveness before they can be held liable.
Vicarious Liability
In some cases, a person or entity can be held responsible for someone else’s actions. For instance, an employer might be liable for the actions of their employees. Similarly, a parent could sometimes be held liable for their child’s actions. This passing of liability from one entity to another is known as vicarious liability.
Contact a Seattle Personal Injury Lawyer at Darrell Cochran Personal Injury Lawyer for Legal Help
If you have been hurt in an accident, you need to establish liability so that you can recover compensation for your damages. The type of liability that applies depends on the specific facts of your case. The legal team at Darrell Cochran Personal Injury Lawyer can help you determine which type of liability applies to your situation and fight for damages.
Contact us at (253) 948-0250 to schedule a free consultation with a Seattle personal injury attorney.