Personal injury cases hinge on questions of liability and damages. These cases are most often grounded in concepts of fault. Sometimes that fault lies with one person. Sometimes, the fault is allocated between one person at fault and the victim, who may also be partially at fault. Other times, the fault lies with more than one person. In that case, the victim may be partially at fault or not at fault at all. When one or more persons other than the victim are at fault in Oklahoma, the liability is what is known as several liability. Understanding several liability is important in these cases.
In Oklahoma, when damages are caused by two or more persons, each at-fault person, called a tortfeasor, is only liable for the amount of damages allocated to that tortfeasor. Okla. Stat. tit. 23 §§ 15. This can make it more difficult for a plaintiff to get complete coverage for damages in cases where two or more people are at fault. If a plaintiff fails to bring claims or sue all the proper defendants, the plaintiff will not be able to recover the entirety of their damages. This is true regardless of the type of personal injury or other tort case.
The Effect of Several Liability on a Personal Injury Case
This may sound like a simple matter, but these cases get complicated quickly. Here are some examples of cases in which culpable defendants may not be obvious. For example, in an accident case involving multiple vehicles, it is important to ensure that all the drivers of the other vehicles are identified and made a part of the claim for damages. But liability may extend further. If one of the drivers was acting within the course and scope of their employment at the time of the accident, it may be necessary to add the employer as a defendant. If the accident was caused in part by a defect in the roadway, it may be necessary to add the city, county, or municipality responsible for the roadway as a defendant.
The same can be true in slip and fall cases. For example, in a slip and fall case located in a grocery store, fault may lie with the store manager if they knew about the hazard and failed to warn and protect the plaintiff from the danger. Liability may also lie with the person who spilled a liquid on the floor and failed to inform the store manager. Liability may also lie with the store owner if the owner had shoddy safety procedures in place that contributed to the accident. A Tulsa lawyer specializing in premises liability can help you determine several liability in this case.
An Experienced Attorney Can Help Round Up All the Defendants
During the claims process, it may be necessary to hire an accident reconstruction expert to help identify the cause or causes of an accident as a first step toward identifying defendants. An experienced personal injury attorney will know how to conduct a proper investigation in order to help identify all possible defendants. Getting the right help can mean a full recovery.
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