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On Liability, Negligence, Personal Injury and Defense

04th October 2011
By ethanrehman in Personal Injury
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The decision whether to convict a defendant in personal injury case lies upon many factors, the most important of which are liability and negligence. Liability is shown when the individual who caused the injury did so because of a failure to exercise reasonable care. The definition of reasonable care, meanwhile, is determined on a case-to-case basis, depending upon the jurisdiction.

Negligent action can sometimes be difficult to prove. Generally, there are four requirements for lawsuits dealing with negligence. First, there is the assumption that the negligent party had a duty to the one harmed. Second, there is the breach of that duty by failing to act as a reasonable person would have in a similar situation. Third, it was the act of the accused that caused the harm. Lastly, there is actual or measurable injury (physical or otherwise) to the victim.

Sometimes, strict liability cause of action is applied. Strict liability is a legal doctrine that makes a person or company legally responsible for the damage and/or loss caused by their products and/or actions regardless of any intent on their part. This doctrine typically applies to inherently dangerous activities, such as the use or transportation of explosive materials. Note, however, that there are many factors that the court will use to determine whether an activity is inherently dangerous or not in any situation.

There can be various defenses to claims of liability. For instance, the other party may invoke comparative negligence. In situations where comparative negligence comes into play, the responsibility of the accused to the other person is reduced by the otherís (also) negligent action. It is the responsibility of the personal injury lawyer Utah to be aware of such defenses.

Also, if the plaintiff knew that the activity in which he was engaging in is inherently dangerous, the other party may assert the assumption of risk, claiming that the injured party bears all the responsibility for his personal injury Utah. Lastly, intervening causes may be blamed for the injury, resulting in the alteration in the original chain of events relieving the accused of guilt.

Personal injury Utah law can be a complicated subject matter, with many critics calling for reforms. Currently, there is much debate about personal injury law, including whether or not to decrease the types of lawsuits, as well as the amount of damages awarded and attorney and legal fees incurred.
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