People running businesses or conducting their lives in public spaces are responsible if their actions or inaction negatively affect others. The law creates a duty between individuals and the community. Homeowners should maintain their properties in a safe manner. Those with motor vehicles should adhere to licensing and insurance rules, as well as the laws establishing certain practices for safety on the road. When people hurt someone else, they may have to pay for the costs of the damages caused.
Frequently, individuals and businesses protect themselves against liability by carrying insurance. Motor vehicle insurance and homeowner’s insurance help individuals minimize their personal liability, while premises liability, product liability and even general business liability policies can protect companies from the risks that come with providing goods or services to the public.
Sometimes, individuals or businesses fail in their duty of care and cause harm to others. When can individuals bring a personal injury claim against a business or other person that caused them some sort of harm?
When there was negligence or misconduct involved
Some scenarios where people get hurt or suffer property damage losses are truly accidents in which no one party has blame and no action would have prevented the unfortunate outcome.
However, if a reasonable person would agree that actions on the part of the other party would have prevented your injuries or property damage losses, whether they should have taken different actions or made a different choice than they did, the people negatively affected may have the right to bring a claim.
When there are losses not covered by insurance
Liability insurance typically minimizes what financial responsibility a business or individual has following some kind of negative situation. Unfortunately, not everyone carries enough insurance.
For example, the mandatory car insurance required under state law would only cover a fraction of the costs involved if someone loses a limb or suffers a brain injury in a wreck. When someone has significant property damage or injury costs, such as hospital bills or lost wages, that insurance will not fully cover, they can use their economic losses and the actions or omissions of the other party as grounds to bring a personal injury lawsuit.
Understanding the basics of personal injury claims can help those struggling to cover the costs of a recent incident.