Liability means that someone is legally responsible for their actions (or inaction, depending on the case). When a person or entity is liable for an accident, such as a car accident or truck accident, this generally means that they have financial responsibility for all the damage they caused.
Remember that damages in a personal injury case are not just limited to monetary expenses. Economic damages are the financial losses resulting from an accident, such as medical bills and lost wages. Non-economic damages are the more subjective “pain and suffering” damages.
Finally, punitive damages may be allowed in some cases. These damages are used not to compensate the victim for a loss but to punish the wrongdoer. Dive into all the details below to learn more about liability and how to establish it.
Liability in Negligence Claims
Most personal injury claims are based on the legal concept of negligence. Essentially, negligence occurs when someone’s careless behavior results in an injury to another person. To establish liability in a negligence claim, you must prove the following four elements:
- Duty of care: The defendant owed you a duty to adhere to a reasonable standard of behavior under the circumstances
- Breach of duty: The defendant failed to adhere to the standard of care that was legally established
- Causation: The breach of duty was both the direct and proximate cause of the injuries
- Damages: You must show that you suffered some actual damages as a result, such as medical bills, lost wages, pain and suffering, or more
If you can prove all four of these elements, you will have a good chance of being successful with your negligence claim. This would allow you to recover compensation for your damages.
Liability for Intentional Acts
In some situations, a person may intend to commit harm to another person and actually cause that harm. When intentional conduct is involved, these are usually the most egregious types of personal injury cases. Some examples of intentional torts include:
- Assault
- Battery
- False imprisonment
- Conversion
You may also be able to recover punitive damages in cases involving intentional conduct. South Carolina law allows for the recovery of punitive damages when they can prove by “clear and convincing evidence” that the defendant’s conduct was wilful, wanton, or reckless.
Strict Liability
Strict liability is a special provision of the law that allows someone to be held responsible for damages resulting from their actions, even if no ill intent or negligence was involved. Simply by engaging in certain activities, they assume liability for any resulting damages.
Some common situations involving strict liability include:
Dog Bites
South Carolina follows a strict liability rule when it comes to dog bites. Dog owners can be held responsible for any injuries resulting from a dog bite, even if the dog has no prior history of aggression or biting.
This rule is in contrast to the “one free bite” rule that some states follow that protects owners from liability unless the dog has a history of aggression.
Defective Products
Product liability is another area of law where manufacturers and retailers may experience strict liability rules. If you are injured by a defective product, you can typically sue anyone in the chain of distribution, including the manufacturer, distributor, retailer, or others.
By introducing a defective product into the chain of commerce, these entities are assuming liability for any damages that result from its use.
Ultrahazardous Activities
There are certain activities that create an extreme hazard even when all safety precautions are taken. By engaging in these activities, the person or company may be held liable for any damage they cause. One example of an ultrahazardous activity is blasting.
Vicarious Liability
Vicarious liability describes a situation in which one person or entity can be held responsible for the actions of another. A common situation involving this concept is when an employee of a company causes injuries. For example, if a delivery truck driver causes an accident that injures you, the delivery company might be liable for your injuries.
Similarly, parents may be held liable for certain actions of their children in some situations. This legal concept can sometimes get complex, so it is best to talk to an experienced lawyer to help you through this type of situation.
Get Help From a Charleston Personal Injury Lawyer Today
Do you need help establishing liability after a personal injury accident in Charleston, South Carolina? Reach out to our attorneys at Ty Robinson Personal Injury & Car Accident Law Firm today to speak to a Charleston personal injury lawyer who can answer all your questions and help you prove your case. We have helped other injury victims recover millions of dollars in compensation, and we are ready to help you too.
Call us now at (843) 278-2222 to schedule your free consultation and get started.
