In this YouTube video, LA Personal Injury Lawyers discuss who is responsible for personal injury when an injury has occurred. In California, both the person who caused the accident and the victims can share the blame for an accident.
Most cases are determined by who was the most careless. In the legal world, this is called being negligent.
The person acting in the most reckless or negligent ways that led to injuries, and heaven forbid, death of another, is at fault and legally liable. The percentage of this blame can be reduced when proof is offered to show that it wasn’t 100% their fault.
Some injury cases fall under something called the strict liability rule. In these cases, a person is held responsible whether they were physically present or aware the injury occurred. For example, if a dog bites and injures another person, that owner is strictly liable, whether the owner was present or had knowledge of the act.
When one party or company has the responsibility to secure a premises or operate machinery safely, etc., to avoid accidents and harm to others, but doesn’t, it can result in tragedy. When this principle is ignored or fails, and injury takes place, the one who should have exercised the safety responsibility is liable. If both parties are found responsible for an accident, the court determines the percentage of each, and then compensation for the victim is withheld by that same percentage.