Negligent actions cause most car collisions. Consequently, the task of assigning liability for the damage suffered by the victim of an automobile accident demands a focusing on evidence of negligence. In other words, it must be shown that there was an obvious link between the defendant’s negligent actions and the victim’s injury.
Plaintiffs that have come to realize the need for an injury
Liability for careless and neglectful actions does not always relate to the behavior of a driver that was involved in a car accident. Sometimes an entire company can be held liable for selling a defective product. Yet not all consumers that have discovered the defect in a specific product have managed to win a personal injury case.
Some of them managed to escape an injury. They were almost injured, but did not really suffer any harm. For that reason, each of those claimants failed to win their case against the company had sold them a defective product.
Another challenge facing claimants
Even if a claimant does have proof of having suffered an injury, that does not automatically ensure that same claimant of the ability to place a charge of liability on the party responsible for causing that injurious damage to the claimant’s body. The legal system requires that the filing of a personal injury claim take place within a specific span of time.
Claimants that delay the filing of a claim risk the chance for losing the chance to seek a fair compensation. The claimant’s loss of that chance results from a failure to file a claim before the end of the span of time that is called the limitation period.
That is a specific type of charge, one that applies to performance of a dangerous activity. In some places, the legal system does not accept a charge of strict liability unless there is proof that the responsible party has performed an act with foreseeable dangers.
For example, foreseeable dangers could be linked to the transporting of explosives. If proper precautions were not followed, by those transporting such items, the transporters could be hit with a charge of strict liability for any resulting damage.
Personal Injury Lawyer in St John’s knows that if a car owner has an automobile with a defect, then a number of factors would determine whether or not the same car owner could be held liable for an automobile accident. Was it foreseeable? Did the driver know about the defect?
It could be that the manufacturer had avoided the expense associated with notifying any known buyers, concerning discovery of the defect’s existence. In that case, the manufacturer and not the driver could be held liable for any foreseeable damage created when the defective automobile actually collided with another vehicle.