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More About Liability

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Who’s liable in personal injury cases? It’s a question we’ve considered extensively on this blog – even writing a piece called All About Liability. With how broad of a topic it can be and the nearly endless scenarios you might find yourself in your personal injury case, there’s always more to discuss. Whether you’re injured in a car accident, bicycle accident, injured as a pedestrian or attacked by a dog there are numerous parties that could be responsible for paying your damages. Let’s walk through some of the most common liability cases.

Negligent Person

A third party liability claim means that someone has been injured caused by a negligent party’s action. These types of cases are often seen when someone acts in a way that isn’t being safe in the situation. By running a red light, speeding, talking on the cell phone, or drinking and driving, all are actions that constitute negligence by a third party.

First Party Liability

The first party liability claim usually arises in a situation where the person that has insurance or is a beneficiary under an insurance policy can bring a claim against their insurance. Most cases of first party liability occur when someone is illegally denied benefits in their insurance contract and have to sue to get the benefits that they are entitled to. The benefits that are most often sued for are personal injury protection benefits, underinsured motorist benefits, and uninsured motorist benefits.

Premises Liability

Premises liability places responsibility on the owner of any property with unsafe conditions in which an injury occurs. This is a wide spectrum, ranging from slips and falls to dog bites and swimming pool accidents. It can apply to businesses and private property owners – if something on their property lead to your injury, they must be held liability for harboring defective conditions. In the situation when a drunk driver injures or kills someone, the restaurant that served the alcohol could be liable under what is called the dram shop laws.

Governmental Liability

Governmental liability can arise from many different scenarios. At first glance, some people may not realize that the government created or contributed to a dangerous situation. One of the most common scenarios that the government can be liable is in the design, construction, and maintenance of roadways including sidewalks. If the condition of the road caused someone injury or contributed to another driver making a judgment error, then the government holds responsibility for your injuries and damages.

Need help sorting out who may be liable to your personal injury case? These definitions are just scratching the surface – meaning there can be a lot more you have to sort through. Call Elsner Law Firm and we can sort through the details to determine who should be held responsible and get your the compensation you deserve.

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