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Liability Issues in an LA Accident


Accidents can happen anywhere - at home, at the office or workplace, on the road, and even during recreation. And getting involved in an accident is just common occurrence.

While most accidents can be prevented, there are instances when things may go beyond one’s control. This happens when accidents are caused by external factors, especially accidents caused by another person’s negligence or recklessness.

For obvious reasons, people try to avoid accidents not only due to the inconvenience it brings, but also because of the great risk it poses to one’s life and property.

Injuries incurred from accidents may also lead to the disruption of one’s normal life. When injuries are serious, such as spinal cord and brain injuries, the possibility of having a permanent disability condition is high. In fatal cases, it may even lead to death.

Depending on the kind of accident one gets involved in, here are typical accident situations:

  • Vehicle or car accident

  • Slip and Fall accident

  • Medical malpractice

  • Animal Attacks

  • Recreational injuries

Liability in most accidents is often determined by laws. Federal, state and local statutes are all taken into consideration when finding fault in accident cases. In California, for example, liability in accidents is pursued under the torts law. Therefore, if you happen to get involve in an accident in Los Angeles, state, county or city laws will be applied.

Liability for almost all accidents is determined by the rule of negligence or carelessness, the following propositions show liability in typical accident situations:

  • Duty - If a person is injured in a place where he is not supposed to be or where he expected an activity might result in an accident, the person who caused the accident may not be blamed or held liable for one’s injuries. To prove liability in an accident, the ‘duty’ must exist.

  • If the injured person was also found to be careless, the compensation for the injuries or damage may be reduced by the extent such carelessness was also responsible for the accident. This is known as comparative negligence.

  • An employer may be held liable for an accident caused by a negligent employee while performing his work.

  • Having an accident in poorly-built and maintained property may find the owners of the property liable for your injuries.

  • If an accident is caused by a defective product, the manufacturer and seller of the product are both liable even if the injured person doesn't know which one was careless in creating or allowing the defect, or exactly how the defect happened.

  • Failure to administer proper medical attention and mistakes committed by health personnel can constitute liability in a malpractice claim.

Proving fault in most accidents would require knowledge and understanding of the tort laws. In order to determine and establish liability in an accident, you will definitely need the services of a personal injury lawyer.

And if you happen to get involved in an accident in Los Angeles, an accident attorney can protect your rights and help you recover claim for your injuries.


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