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Liability Determination in Case of Accidents and Personal Injury Cases In Atlanta

ackelyadam by ackelyadam
March 8, 2022
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Even when you are extremely careful and vigilant when you drive on the road or at your place of work, personal injuries occur even then and cannot always be avoided. However, personal injuries can sometimes be catastrophic for your life leaving you physically or mentally disabled, and can even cause death in some instances. Whatever damage has occurred, you deserve compensation.  

Atlanta accident attorneys at MG Law firm have the necessary experience that can ensure that you are given the claims for all accidental losses in a just and fair manner. They also have better tactics to negotiate with insurance agencies that could otherwise try to hold the claims that you truly deserved. 

Establishing the party whose fault has caused the damage or the accident makes it easier for the court to decide who is liable to compensate for the damages.

Fault proving methods

The simplest method for determining fault is acceptance of the fault by the liable party. If no one is ready to accept their fault, the following methods can be used to determine the defaulter:

  • Negligence: 

When you are not intentionally hurting someone but were not in a very responsible situation which then led to the harm is an act of negligence. If there has been a breach of responsibility or a direct act of causation, you become liable to compensate for all sorts of damage to the person who had to face the consequences of your negligence. 

 

  • Strict Liability:

Such liability is put in place when the harm is caused by either use of products of a company or on the premises which were not safe for the movement of the victim. If a misinterpreted product label caused someone’s harm or death, it becomes the direct responsibility of the company in Atlanta to compensate. 

 

  • Employer liability:

If the injury occurs while the employee was performing his/her duties towards the employer in situations that could have been avoided and were dangerous, to begin with, the company is liable. 

If the company hires an employee who is potentially dangerous to other employees or their clients/customers and fails to respond in time even after getting sufficient evidence, it makes the company directly responsible for the crime/act of harm.

These are extreme situations and mostly justice is sought in Atlanta when comparative fault can be established between two or multiple parties. In such a case, the court decides the percentage of liability of each party at fault and accordingly divides the compensation between them.

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