Hall Law Personal Injury Attorneys 825 Nicollet Mall, Suite 615 Minneapolis, MN 55402 personal injury and car accident lawyer in Minneapolis

Liability

Get a Free Consultation
Liability

If you have been injured due to someone else’s negligence, you may be able to recover compensation from the liable party. But what exactly is liability? When does it arise? An experienced Minneapolis injury attorney can explain this critical term and its meaning for your personal injury case. 

What Is Liability?

What Is Liability?

Liability is a legal term that means someone is held legally responsible for an event. Unlike in criminal cases, where a person can be imprisoned when they are found legally responsible for harming someone, defendants in civil cases are usually only subject to having to pay monetary damages. 

Who Can Be Held Liable in a Personal Injury Case?

Various parties can be held legally liable in personal injury cases. 

Depending on the circumstances, liable parties could include negligent:

  • Motorists
  • Bicyclists
  • Pedestrians
  • Property owners
  • Tenants
  • Business owners
  • Employers
  • Dog owners and handlers
  • Nursing homes
  • Trucking companies 
  • Schools and daycares
  • Government agencies
  • Community organizations
  • Coaches
  • Product manufacturers

An experienced personal injury attorney can review your case and determine who may be liable for your injuries. 

When Is Someone Liable for a Personal Injury?

Most personal injury cases are based on the legal concept of negligence. 

Negligence involves four legal elements:

  • Duty of care – The defendant owed a duty of care to the victim.
  • Breach of duty – The defendant violated their duty of care.
  • Causation – The defendant’s breach of the duty of care caused the victim harm.
  • Damages – The victim suffered damages because of the accident.

Legal liability looks different in various types of personal injury cases. 

Liability in Car Accident Cases

Although Minnesota uses no-fault insurance coverage, the at-fault driver can be held liable if they are found at fault and the car accident victim meets certain thresholds or has damages exceeding their PIP policy limits.

Liability in Motorcycle or Snowmobile Accident Cases

Minnesota’s no-fault insurance system typically does not apply to motorcycle or snowmobile accidents. You will usually pursue compensation from a negligent motorist who was speeding, failing to yield the right-of-way, distracted, or otherwise violating traffic laws or relevant regulations.

Liability in Truck Accident Cases

Truck drivers, companies, or other parties may be held liable in truck accidents when they violate state or federal regulations. Trucking companies can be held legally responsible for the negligent actions of their drivers, as well as for their own acts of negligence, such as negligent hiring or failing to complete required drug or alcohol tests.

Liability in Dog Bite Cases

Minnesota has a strict liability rule that allows dog bite victims to recover compensation for the harm they’ve suffered if they were lawfully on the property where the dog bite occurred and were acting peacefully at the time of the attack.

Liability in Product Liability Cases  

Product designers, manufacturers, wholesalers, and retailers can be held legally responsible for injuries that occur due to unsafe products. This allows injured victims to recover compensation through a product liability claim. 

Liability in Workplace Accident Cases

Injured workers do not have to show their employers were negligent in causing their injuries to recover workers’ compensation benefits. Instead, they need only show they were injured while in the course and scope of their employment. 

Liability in Nursing Home Abuse Cases 

Nursing homes can be held legally responsible for the nursing home abuse inflicted by their workers. They can also be held liable for their own forms of negligence, such as hiring unqualified workers, failing to supervise workers, or negligently retaining problem staffers.

Liability in Sexual Abuse Cases 

Organizations, schools, employers, and government agencies can be held liable for sexual abuse that occurs. This is often the case when doctors, counselors, coaches, teachers, clergy, or other people within their supervision and control sexually abuse youth or others in their care.

Because establishing legal liability can be complicated, it’s best to work with an experienced personal injury attorney who can review the circumstances and gather evidence to establish the required legal elements. 

What Compensation Can I Recover from a Liable Party?

Minnesota law allows personal injury victims to seek compensation for the following types of damages or losses stemming from an accident or other personal injury case:

Economic Damages 

These damages are the direct economic losses an accident victim suffers. 

Common examples of economic damages include:

Keep all your receipts, estimates, bills, and invoices for costs you’ve incurred because of the accident. Your lawyer can use this information as evidence of the value of your special damages.  

Non-economic Damages

Non-economic damages are the emotional suffering a victim endures after the accident and can recover compensation for:

By their nature, these damages are difficult to quantify. Still, personal injury victims are entitled to recover compensation for the losses they suffered. An experienced attorney can fight for your fair recovery. 

A Personal Injury Lawyer Can Help You Establish Liability

An experienced personal injury attorney can capably guide you through the personal injury process. They can also discuss who may be liable for your injuries when you call for a free case review.

 Contact or call Hall Law Personal Injury Attorneys to schedule a free consultation with an experienced Minneapolis personal injury attorney at (800) 292-1979.

Call Now Button