Tips to Proving Liability in Personal Injury | McGinity Law Firm

Personal injury liability is the question of who is responsible for an accident or injury that resulted as a result of negligence, defective products, or misconduct from another party. Ideally, the responsible party should be handling expenses as a result of the accident or injury due to the defective products, unsafe working conditions, negligent actions, or other reason that caused the injury. Typical expenses include loss of income, medical expenses for diagnosis and treatment, damages for pain and suffering, etc. This is a very sensitive situation that should be taken with precaution when determining who is liable for these expenses. At McGinity Law Firm, personal injury Covington attorney Douglas McGinity can help guide you through this process one step at a time and get you max compensation for your expenses and trauma. Call our Covington, LA office at (985)-892-4444.

Who is liable for damages?
An excellent starting point to discovering “Who is liable for damages?” is beginning with a few basic requirements you need to consider to determine whether you may have a case. Typically, the party that was less careful than the other is who is responsible for damages, but let’s review the following:

  • The party must have caused the spill or dangerous situation in question.
  • The party must have been aware that the spill or situation was dangerous, but failed to act.
  • The party should have known of the dangerous situation because another party caring for the property would have discovered and removed or repaired it.

If reviewing the above, you found that these basic requirements satisfy your situation, you may have a liability claim. In addition to these requirements, you may also ask these initial questions to better determine whether the party is responsible:

  • Does the party regularly clean or examine the property or products for potential hazards?
  • Was the hazardous, broken, or dangerous area there long enough for the party to know about it?
  • If the dangerous situation or object was placed there and an injury resulted as a result of its placement, was there a legitimate reason for placing the dangerous situation or object there?
  • Could the dangerous object of interest or the dangerous situation have been placed or made aware in a safer, more secure manner without an extra significant inconvenience or cost to the party?

If you can determine that that these questions fall into your favor, you may have a claim for compensation of your damages as a result of the injuries and expenses resulting from the liable party.

McGinity Law Firm has been helping families across New Orleans, Covington, Metairie, and Southern Louisiana for the past 15 years, getting optimal compensation for personal injury victims of car accidents, truck accidents, motorcycle accidents, or 18-wheeler accidents. Call our Covington, LA office at (985)-892-4444 for a free consultation.

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