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What are the Characteristics of a Liability?

What are the Characteristics of a Liability?

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Pursuing compensation in a personal injury liability case can be challenging, so it’s vital to know what you’re dealing with before matters escalate. 

It can be challenging to come to terms with the fact that someone else is at fault for your pain. Furthermore, if you require medical attention, the expenses add up quickly. Read on to learn more about personal injury claims. 

Information on Personal Injury Cases

In law, liability hinges on the notion that everyone has a set of responsibilities in any given situation.

Negligence: This refers to when a person has a duty of care to protect someone from harm but doesn’t support that duty unintentionally. For instance, a café owner has the responsibility to keep their store’s steps and sidewalk clear of hazards, such as water and ice, which pose a risk to passerby. Negligence is the most common tort that victims pursue in personal injury cases. 

Intentional: This tort occurs when someone harms another person on purpose, sometimes leading to criminal charges. Here are the most common intentional torts that can result in a personal injury case: 

  • Battery
  • Assault
  • Deceit/fraud
  • Trespass
  • Theft/conversion
  • Libel/slander/defamation
  • Invasion of privacy
  • Arson
  • Intentional infliction of emotional pain
  • Property damage
  • Manslaughter/homicide/wrongful death
  • Sexual abuse or assault 

Strict liability: This tort exists regardless of intention or fault. A person who is injured only needs to prove that another person or company caused their physical pain. It covers inherently dangerous situations, so people and businesses must take every precaution. 

The most common example of this in personal injury cases is product liability. For instance, when a company makes a product available to the public, it must exercise every reasonable precaution to ensure it won’t harm anyone. 

Continue reading to learn about the three most common injuries in civil cases. 

1. Bodily Harm

Bodily harm is conspicuous and inconspicuous damage to a person’s physique; this is the type of injury that comes to mind when we think about car accidents and slip-and-fall cases. Compensation for bodily harm can extend to medical costs required to stop further harm. Furthermore, you can also recover money to cover on-going care and future medical bills, such as physical therapy expenses.

2. Pain and Suffering

Pain and suffering can be a product of physical injuries. For example, if someone loses their fingers, this loss will be worth more to a victim than just the medical costs needed to address the issue. Moreover, victims may also suffer from a diminished ability to do the activities they enjoy so that they may receive damages for this loss.

3. Emotional Distress

Emotional distress occurs when someone harms another party psychologically, to the point where they can’t function as well as they used to. People have filed civil cases for emotional injuries inflicted by defamatory acts and invasions of privacy. Unfortunately, in many cases, a person’s mental state may be diminished to the point where they’re not comfortable socializing. 

Flickinger Sutterfield & Boulton is Here for You

If you’re a victim of bodily harm, pain, and suffering, or emotional distress, you may start a personal injury liability case. The experienced personal injury attorneys from Flickinger Sutterfield & Boulton can help you receive the compensation you deserve. Our team has spent over 50 years combined representing these cases. We have offices throughout Utah County and West Jordan. Schedule your free case evaluation today.