In Reno personal injury cases, an outcome largely depends upon liability, or who is at fault. Furthermore, in a personal injury case, the burden of proof lies on the plaintiff. The plaintiff must prove that the defendant’s actions caused an injury. To help you better understand liability and how it impacts personal injury cases, our Northern Nevada legal team put together the following information.
What Is Liability in Reno Personal Injury Cases?
Liability consists of four components. The plaintiff needs to show that the defendant owed them a duty of care and then failed to fulfill that duty. The resulting injury leads to damages. Consider a car accident where the defendant was texting and driving:
- Duty of care: Drivers must operate their vehicles safely and distracted driving is against the law.
- Breach of care: The defendant breached their duty of care by texting and driving.
- Causation: The plaintiff must prove that the defendant’s breach of care directly resulted in a car accident.
- Damages: The plaintiff must demonstrate that the accident caused damages in a stated dollar amount.
There are certain types of liability. For example, negligence is often the crux of car accidents, slip-and-fall cases, and medical malpractice. In other types of cases, like dog bites and product defects, a plaintiff does not need to prove liability. This concept is called “strict liability.”
Another concept in Reno personal injury cases is comparative liability. In the texting and driving example, if both drivers were texting and driving, but one of the drivers ran a stop sign, the injured party might be determined partially liable, resulting in a decrease in their damages during the trial process.
What Is the Burden of Proof in Reno Personal Injury Cases?
Sometimes, the burden of proof is less difficult for the plaintiff depending upon the circumstances of the case:
- Accident without violation of a statute or code: The plaintiff must prove that the defendant’s actions, even though no law was broken, constituted a breach of care.
- Accident with violation of a statute or code: The defendant’s actions, such as speeding, automatically prove a breach of care.
- Strict liability: In a dog bite or product defect case, the plaintiff does not need to prove fault.
What Is Comparative Liability in Reno Personal Injury Cases?
Sometimes, the plaintiff and defendant share liability in an accident. Consider a situation where a pedestrian is hit by a driver while they have the right of way, but the pedestrian is also on their cell phone. The driver did not yield the right of way for the pedestrian, but the pedestrian also had a reasonable care for their safety. Comparative liability is assessed during a personal injury trial. In this example, the jury might find that the pedestrian was 30% liable for the accident, resulting in a 30% reduction in their damages.
Here is a Northern Nevada personal injury case with an example of comparative negligence. In Auckenthaler v Grundmeyer, the injured party was thrown from a horse and severely injured. The defendant asserted that the plaintiff was partially liable because they continued to ride a horse near the other involved horse, which was displaying behavioral problems before the incident.
What Happens in a Product Liability Case?
In Reno personal injury cases involving defective products, strict liability applies. Manufacturers and distributors take sole responsibility for defective products. However, some situations may negate a case:
- When a customer misuses a product
- When a product is modified in a way that creates the injury
- If a plaintiff’s actions while using a product contributed to their injury, a comparative negligence argument can be used as a defense
Why Work with a Reno Personal Injury Lawyer?
Self-represented litigants can make mistakes that jeopardize the framework of their case. For example, in the Auckenthaler v Grundmeyer example, the comparative negligence that decided the case required a carefully structured legal analysis to prove. In Fulkerson v Costco, the court specifically said that many of the plaintiff’s motions lacked “legal or factual basis.”
Essentially, self-represented plaintiffs lack the legal training and expertise to prove liability and negligence in a case. Working with a Reno personal injury attorney like Lerner and Rowe will:
- Help the plaintiff clearly and correctly structure a sound legal argument establishing liability.
- Work through confusing motions from the defense.
- Ensure that the case does not get dismissed or receive a summary judgment.
How to Protect Yourself from Liability in an Accident
If you were injured in an accident in Reno, some precautions can help protect your rights to the compensation that you deserve:
- Limit what you say to the police, the insurance company, or other parties. Don’t admit fault and only discuss the specifics of what happened.
- Always be aware of what you are doing. If you are driving, focus only on the road and your surroundings.
- Pay attention to signage, for example, warning signs in a public space or walk signals if you are crossing a busy intersection.
- Always be aware of the documents you sign. In Auckenthaler v Grundmeyer, the defense asserted the assumption of risk, but the circumstances of the case warranted a comparative negligence outcome.
Find Help with Reno Personal Injury Cases 24/7
Here at Lerner and Rowe, we’re proud to give people the information they need to know about liability in Reno personal injury cases. Our dedicated Northern Nevada trial lawyer is part of a nationwide legal team with a proven track record of success in securing settlements for those hurt in accidents. They will fight for you every step of the way.
Schedule your free consultation 24/7 by calling 775-644-4444. You can also reach us online through LiveChat or encrypted contact form. Lerner and Rowe has local connections and the experience needed to represent Reno personal injury claims and protect your legal rights.