Premises of Liability

In order to have a successful personal injury lawsuit, someone must be found liable. While there are several elements to a personal injury case, liability is perhaps the most important. The premises of liability are as follows:

Duty: To be found liable, a person must have had the obligation to use due care. The obligation (or duty) indicates that there is a relationship between the party and another. For example, a person who gets behind the wheel of a car has the duty to drive safely because they have a “relationship” with other drivers on the road.

Breach of duty: The person must have breached their duty of care. They must have acted or failed to act in a way that a normally reasonable person would not have. A driver, for instance, may breach their duty of care by driving a vehicle they know is in ill-repair or by getting behind the wheel of their vehicle after having had multiple alcoholic beverages.

Injury: As a result of the breach of duty, another person was injured. The injury may be physical, emotional and/or financial.

Cause: A victim must be able to prove that their injury was the direct result of the breach of duty. For example, in the case of a car accident, the victim must prove that the injuries sustained were a direct result of the accident.

If you have been involved in a car accident in Atlanta and have questions about filing a lawsuit, an experienced car accident attorney may be able to assist you.