What Types of Accidents Can You File a Personal Injury Claim For?
Every reasonable person should understand that not every injury resulting from an accident leads to a successful personal injury suit. Sometimes unforeseeable accidents happen where no one is at fault to file a lawsuit against, at least no one besides the victim. But, many accidents do result from the negligence or wrongful act of another, and it is only appropriate and fair that the party who either caused the accident or should have taken proper steps to prevent the accident should be held liable for the medical costs, lost income, and pain and suffering endured by the victim. Below is a brief overview of the types of accidents for which a victim should file a personal injury claim.
Accidents Caused by the Negligence or Recklessness of Another
Whenever a person, regardless of their relationship to the plaintiff, acts without due care and foreseeably causes injury to a victim, the victim can file a personal injury suit. We often see this with automobile and truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents where a driver fails to follow traffic laws or otherwise drives in an unsafe manner causing injury.
But such cases are not just limited to vehicles. Doctors are liable for malpractice-related injuries, dog owners are liable for bites inflicted by their dogs, manufacturers are liable for injuries to neighbors negligently caused by pollution, and on and on.
Accidents Occurring On Another’s Property
Under the legal doctrine of premise liability, a landowner is liable when a visitor is injured on the land and the landowner could have taken reasonable steps to prevent the injury from occurring, even if the landowner did not directly “cause” the danger. How this doctrine applies to a given situation will depend on the type of visitor (e.g. a customer as opposed to a houseguest) and the applicable state law, but in general landowners should take reasonable steps to determine whether risks are present on the property (icy steps, a spill in a store aisle, falling ceiling tiles, etc.) and remedy the situation or warn guests. If they do not, they can face liability.
Criminal Acts Occurring on Another’s Property
While a criminal act is often not considered an “accident” it is worth noting that landowners can also be liable for damages caused by such acts if the landowner was negligent in providing security. For example, if a person is assaulted in a hotel or concert hall where the landowner did not take reasonable steps to prevent such assaults (e.g. hiring security guards or preventing criminals from entering), the landowner might face a successful personal injury suit.
Injuries Caused by a Defective Product
Many “accidents” involve the use of products such as household appliances or tools, and, while any number of products might cause injury if used inappropriately, a manufacturer or seller of the product can be liable for injuries when they were caused by a defect with the product itself. For example, if a person is seriously injured by a lawnmower blade that comes loose, and the cause of the accident was a defect with the way that the lawnmower was either designed or manufactured, then the manufacturer and seller can be held liable for the injuries suffered by the plaintiff, regardless of whether that plaintiff himself purchased the product.
Work With Experienced Dallas Personal Injury Attorneys
The Kelley Law Firm PC in Dallas, TX represents the rights of people seriously injured through the negligence or wrongdoing of others. We have successfully recovered numerous 7-figure settlements and verdicts on behalf of our clients, and are passionately committed to obtaining the maximum financial recovery that our clients deserve. Contact us today to schedule a consultation regarding your injuries.