Liability Law

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Liability Law

Liability law is the broad term used to describe a body of laws covering situations in which one party is responsible for the damages caused to another party and is therefore responsible for compensating the injured party for the damages incurred.  Under this definition, liability law covers both civil and criminal matters. 

Personal injury liability law covers instances where another party is responsible for the damages, usually bodily harm, suffered by another as a result of negligence or, less often, malicious intent.  When one party is found liable for the personal injuries of another, they may be responsible for all damages.  These damages can include economic damages such as medical expenses, loss of income or earning potential, and property damage.  They may also include non-economic damages such as loss of consortium, emotional suffering, disability, and similar losses.  The liability law in many states places limits, or caps, on the amount of money a plaintiff can receive in non-economic damages. 

There are many legal matters that are covered under the broad category of personal injury liability law.  Liability law can cover cases of premise injury, dog bite injury, vehicle and other transportation related accidents, industrial accidents, work related injuries, medical malpractice, wrongful death, exposure to toxic substances, and much more.  In these situations, the responsible party may be another individual, a business or organization, or a government agency. 

Under liability law in personal injury liability law cases, the plaintiff (the injured party) can seek relief on the grounds of negligence or intentional tort.  Negligence is the failure to act as a reasonable person would in a similar situation.  This failure must then create an unacceptable risk of injury to another party.  Most states have three levels of negligence under liability law: slight (absence of foresight), gross (reckless disregard), and criminal.  Intentional torts are those where the offending party knowingly and willingly commits some wrong against another party which causes them harm. 

Liability law also includes laws about responsibility for product-related injuries.  Product liability law is largely governed by state law and the Uniform Commercial Code.  Product liability law follows the legal doctrine of strict liability.  This means that, under certain circumstances, a party is responsible for the damages caused to another regardless of their fault.  Drug, medical device, and other product manufacturers are subject to strict liability law standards because they have a responsibility not to make and manufacture defective products. 

These three doctrines of liability- negligence, intentional, and strict- each require a different level of proof (the burden of which rests on the plaintiff), rules regarding evidence, and legal procedures.  Liability law also provides for limitations on liability and defenses to liability.  These function to protect the rights and interests of those accused of civil or criminal wrongdoing.  If you would like to learn more about liability law, please contact us to speak with a qualified and experienced attorney in your area.