Determining Who Is At Fault For a Personal Injury

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Determining Who Is At Fault For a Personal Injury

In certain cases, when people suffer accidental injuries they are tempted to assume full or partial fault for the accident occurring. They blame themselves for being ‘clumsy’, not watching where they were going, or being in the wrong place at the wrong time. Before making any assumptions regarding whether or not you were to blame for the injuries you suffer, it is in your best interest to consult with our experienced Georgia personal injury attorneys. We have offices in Atlanta, Carrollton, and Douglasville. Oftentimes, what appears on the surface to be a mere accident is the result of another person’s reckless or negligent conduct.

Determining Fault for a Personal Injury

Determining fault or liability in an accident requires looking below the surface to understand exactly how and why injuries occurred. In many cases, it comes down to an issue of negligence. Under Title 51 of the Georgia Code of Laws, a person can be held liable for injuries for failing to exhibit due care. This can mean doing something that could result in injuries to others, or failing to do something to prevent those injuries. Failing to warn customers or clients of unsafe conditions, not following local laws or regulations, or doing something that defies the normal standard of conduct could all make a person or entity liable for injuries that result. Depending on the particular circumstances, the following are some of those who may be held liable for a personal injury:

    • In car accidents, the drivers themselves and others who could have prevented the accident, such as a bar owner who over serves an intoxicated patron;
    • In premises liability cases, property developers, owners, store managers, supervisors, or employees;
    • In defective product cases, designers, manufacturers, distributors, and sellers; or
    • In medical malpractice cases, doctors, surgeons, hospitals, and other medical providers.

 

In each of these cases, all of those listed may share a portion of the blame, therefore sharing a portion of the liability when a personal injury occurs.

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