How Does Fault Get Determined In Personal Injury Case?

A determination of fault results from an examination of the degree of carelessness or neglect in the actions that were carried out by either party. Each of those examinations must be guided by the propositions that concern faultfinding efforts, as per personal injury lawyer in Ottawa.

Did the defendant have a specific duty with respect to the plaintiff?

That proposition is not of primary concern, during an examination of the evidence that might exist after a car accident. Every driver is supposed to use a reasonable level of care, when sharing a roadway with other drivers. That care would include being in the right place at the right time, like a motorist that does not go the wrong way on a one-way street. A careless motorist would not pay attention to any sign that warned about the one-way nature of a certain street.

Similarly, a careless pedestrian might walk onto a construction site. If he or she were to get injured, while walking in the area where a construction team was doing its work, then the construction crew could not be held responsible for the pedestrian’s injuries. He or she had not been in the right place at the right time.

Employers are responsible for their employees’ actions

Each employer is supposed to make every employee aware of the right method for doing any task in a safe manner. For that reason, anytime that an employee’s carelessness or negligent behavior has caused an accident, the employer would be the person that should be held responsible, both legally and financially, for any damages.

The owner or controller of a piece of property, or of a building is supposed to keep it safe for all those that could have reason to be on that property, or in that building.

If some customer was to spill something in a store, the store’s owner or manager should cordon off that same spot, until the spill has been removed. The owner of a small lot would be expected to keep the weeds cut-back, so that no type of insect would have reason to search for food or shelter on that same property. Any passers-by would not want to be bothered by an insect such as a bee or wasp.

A proposition that applies to the makers and sellers of various items

If a manufacturer were to allow some defective product to be delivered to a retail store, and then if some customer bought that defective product and suffered an injury, the manufacturer could be held responsible for the resulting damages. By the same token, the retailer, the store owner might have to bear some of the burden of liability, if he or she had allowed customers to purchase the defective item.