29 Jan How do I show liability in a personal injury claim?
In any personal injury claim, a case can only be successful if another party is proven to be wholly or partially responsible for the accident and resultant injury. Once liability has been attributed to another party they will be liable to pay compensation to the injured party, either via an out-of-court settlement or a court ruling.
What do I need to show liability?
Attributing liability is one of the most challenging aspects of any personal injury case. Liability, and how difficult it is to show can be different in each case, as each is unique. For example, if someone is injured at work, it must be shown that their employer either did not provide adequate training or that machinery or tools which caused their injury were faulty.
To prove liability in a successful personal injury claim you will need evidence showing your injury, where and how the accident happened and showing liability.
Proof of the accident can include:
- Photos or videos of the accident or scene of the accident
- Witness statements on the accident
- If these aren’t available you should immediately report the accident to the relevant person, for example the health and safety officer at your place of work or the manager of the public facility you were injured in
- Written reports from the Gardaí if they attended the scene
Having all of the above is extremely useful if the other party is denying responsibility.
What are the different types of liability in personal injury claims?
Total Liability
If the other party are found to be completely negligent and are 100% at fault, they may be liable to pay all compensation.
Partial or Contributory Negligence
If another party is found to only be partially responsible for your injury, they may only be liable for a certain percentage of your compensation. In this case, another party may be partially responsible so you may able to claim compensation from this party also.
The individual making the claim may also be partially responsible and not able to claim the full amount of their possible compensation. For example, a driver involved in a road traffic accident caused by another party may only claim partial compensation as they were also at fault for not wearing a seatbelt.
Please see Road Traffic Accidents for more information.
Assumption of Risk
In certain activities, such as contact sports, there is a certain amount of assumed risk. For these types of injuries you will not be able to claim compensation. For example, if you receive an injury due to the normal play of sport you will not be able to claim compensation. However, if you are injured due to an unusually aggressive attack (eg getting punched), faulty equipment or improper training, you may be eligible to claim compensation.
Please see Sports Injury Claims for more information.
Product Misuse
If a product you are using as intended is faulty and causes you a personal injury, the product manufacturer, or the organisation that sold the product may be liable for compensation. However, if you use the product in a way it was not intended for, or go against usage recommendations, you may not be able to claim.
Discuss your case with a personal injury solicitor in Dublin today
To discuss liability in your personal injury claim, contact one of our solicitors in Dublin dealing in personal injury claims. They will discuss if you have a case and how best to proceed, potential compensation and liability in your case.
Contact Ferrys Solicitors LLP Personal Injury and Accident Solicitors Solicitors today.
