Determining Liability in Personal Injury Cases: Who Is Responsible?
It is natural to want to identify the person or company responsible for your injury-causing accident. This is sometimes more difficult than it sounds. Depending on the type of personal injury accident, determining the at-fault party may be a complex process.
Car Accidents and Liability in Georgia
In Georgia, liability for car accidents follows a system called modified comparative negligence. This is a fault-based system. It means that whoever caused the accident is responsible for the damages caused by the accident. It also means that more than one person can be at fault, and any liability would reduce the compensation an injured party is awarded.
For example, let’s say you were injured in a car accident and awarded $50,000 in damages, but you were also found to be 25% at fault for the crash. Your compensation would be reduced by 25%, making the total you receive decrease to $37,500.
Oftentimes, one of the drivers in an accident is found responsible, but this is not always the case. Car manufacturers, dealerships, mechanics, parts manufacturers, and pedestrians are sometimes at fault for car accidents.
Georgia Premises Liability
If you were injured on someone else’s property due to hazardous conditions, you may be able to file a premises liability claim in Georgia. Common premises liability claims involve slip and falls, elevator accidents, falling objects, and pool accidents.
Property owners and those controlling or occupying a property have a duty to keep the property safe for visitors. The person or company that owns a building may be responsible, the tenant could be liable, or the manager of the property might be at fault. Regardless of who is to blame, the existence of a duty of care does not mean that anyone who is injured in a store or at a neighbor’s house has a premises liability claim. An owner or occupier is required to exercise ordinary care to keep their property safe, but the exact requirements will vary depending on who the injured person is.
A licensee, invitee, and trespasser are not owed the same level of care by the property owner, so distinguishing which of those three categories you fall into is important. A personal injury lawyer in Atlanta can help you identify what duty of care was owed to you and what that means for your injury case.
Product Liability Claims in Georgia
Product liability claims are especially difficult when trying to identify the responsible party. There are usually multiple people and businesses involved in making, assembling, and selling a product, so figuring out where the process went wrong is a challenge.
Consumers expect that the products they buy are safe to use and that any potential dangers are clearly disclosed. If you were injured by a defective product, the pharmaceutical company, electronics manufacturer, toy retailer, or any other business or person involved in making and selling the product may be responsible.
Contact an Experienced Personal Injury Lawyer in Atlanta for Help
The CP Law Group has extensive experience helping clients with their personal injury cases. Call us at 844-546-4878 (that’s 844-5-IM-HURT) or reach out on social media to @TheCPLawGroup to schedule a free consultation with an Atlanta personal injury attorney you can trust.