A person who causes injury or loss to you as a result of his or her negligent behavior may be held liable to you for damages you suffer. In some instances liability is fairly easy to determine, but in others it can be extremely complicated.
Understanding what liability means in an Oklahoma personal injury case will help you determine who is liable to compensate you for the damages.
In Oklahoma, if a person is determined to liable for the accident in which you are injured, they have an obligation to compensate you for damages you suffer. The more evident liability is in a personal injury case, the less time it will take to settle your case and the more likely your case will be settled without having to go to court. Furthermore, if a defendant is clearly liable for your injuries, the larger you settlement amount may be.
The concept of liability is based on the principle of causation – did the defendant’s negligence cause the plaintiff’s injuries? If so, then the defendant will be obliged to compensate the plaintiff. Causation however, can be difficult to determine. Your injuries may have been caused by a chain of events, each having contributed to your injuries in some way. So, there may different degrees of liability and two or more individual defendants may share liability. In fact, the extent of your own liability is an important factor in Oklahoma personal injury law as well. Under the theory of Comparative Fault – 50% Bar, you will be barred from receiving any compensation from others, if your own negligence contributed to your injuries by 50% or more.
To assist lawyers and the courts in the determination of liability for damages suffered by an injured party, the Oklahoma legal system has developed a number of different tests are specific to a variety of circumstances. Here are some examples:
- A negligent driver can be held liable for injuries and losses incurred by other drivers, pedestrians and by their own passengers. In this case, liability may be determined by the issuance of a traffic ticket, eyewitnesses, or photo evidence.
- A doctor can be held liable for damages if they were found to negligent in providing care to a patient. Typically this would require evidence that the level of care the patient receive was below standard.
- If you slip and fall on someone else’s property because they failed to make safe any hazardous condition or warn you of the dangers that exist, the property owner can be held liable for any injuries you sustain. However, you also have an obligation to behave in a responsible manner while visiting another person’s property. If it is determined that your own negligence is at least 50% responsible for the injuries that you suffered, you will be barred from receiving any compensation for your injuries.
- If you are injured using a product due to of a manufacturing defect, a flaw in its design or because you were not properly warned of the dangers of its use, the manufacturer can be held liable and need to compensate you for your injuries. Furthermore, according to product liability law, anyone else in the product’s line of distribution may be held liable, even if they did not behave negligently.
Free Consultation, Personal Injury Lawyer in Tulsa, Oklahoma
In conclusion, a sound understanding of what liability is in Oklahoma personal injury law will help you recognize it in your own case. This is the first and most important step in receiving the compensation you deserve.
For help in pursuing compensation from those responsible for the injuries you have suffered, contact a Tulsa personal injury attorney today at 918-924-5528.
