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Personal Injury Law Protects Rights of Injured

Posted: June 11, 2010

Personal injury law, also known as tort law, provides justice to those who have been injured due to the fault of someone else. The goal of a personal injury lawyer is to obtain fair compensation for the injured party. While no amount of money could undo physical injuries and their emotional consequences, the legal system affords a victim an opportunity to recoup some quality of life.

“The most common type of personal injury claims are negligence cases,” according to Christopher C. Kerr, head of the Personal Injury Department at Jeffrey Freedman Attorneys at Law.

Automobile accidents provide a good example of how negligence law works, he says. Drivers are required by law to exercise reasonable care any time they are on the road. When you are seriously injured by a driver who has neglected that responsibility, such as by driving while intoxicated, being overtired or disobeying the rules of the road, you are entitled to receive compensation for your pain and suffering and other damages.

Likewise, property owners and businesses can be held accountable through personal injury litigation for negligently causing injuries.

Another legal basis for bringing a personal injury law suit is called “product liability.” Product liability holds designers, manufacturers and retailers responsible for injuries caused by defective products. Such products could include machines, drugs or even food.

“In a case that involves product liability, the injured party does not need to show the manufacturer negligently made the product,” Kerr says. “You could instead prove the product was designed or made so that it was dangerous or defective when used as intended.”

“Strict liability” standards are applied for many construction worker and railroad employee injury cases. Despite the name, strict liability law actually makes it easier for employees engaged in certain high risk jobs to sue for damages. For example, workers injured during demolition, excavation and construction have to be protected from falling or having objects fall on them. Violations of these sections of the New York State labor law result in strict liability against contractors and commercial property owners. Also, if strict liability is found to apply, then a defendant cannot blame the accident on the injured worker’s actions. Strict liability (and negligence) law suits against non-employers are possible even though the injured worker receives Workers Compensation benefits.

Dog bite cases can be based on strict liability or negligence. If the offending animal has known vicious tendencies, the dog owner is automatically liable. However, an owner can also be liable for bites when he negligently allows his dog to run loose in violation of leash laws in force in many communities.

“The main issues in all personal injury cases are: Is the offending party liable, and what are the damages suffered by the plaintiff,” Kerr says. “If you can prove both, our legal system says you have a right to be compensated for your losses.”

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