The key to winning a personal injury case is establishing liability. Liability claims may be brought against an individual or business, but before you file, it’s important that you understand some facts about them. The legal team at Coyne, Cundiff & Hillemann, P.C. has helped many residents in and around Lake St. Louis, MO, get the compensation they deserve for their losses. Having practiced law for over 75 years, they are more than qualified to handle a wide variety of personal injury cases. Below, they explain what to know about pursuing a liability claim. 

How to Prove Liability

The majority of liability claims are based on the concept of negligence, which means the injured party must prove their personal injury claim contains four specific elements. Thus, you will need to show that the defendant had a duty of care to avoid placing you in harm’s way, they breached their duty, their actions directly contributed to your injuries, and you suffered significant damages as a result. Liability may also be established if you can prove your claim falls into the category of intentional conduct, negligence per se, or strict liability.

Potential Liability Defenses

It’s also important to be aware of the possible liability defenses you may face when filing a claim. One of the most common methods used to defend against negligence is showing the plaintiff played some part in being responsible for their own injuries. This is known as either comparative or contributory negligence. Assumption of risk is another defense frequently used, which asserts that the plaintiff was aware of the risks involved in a particular activity but decided to participate anyway, which lead to their injuries.

There are several types of liability claims that can be filed. If your case involves premises, professional, or product liability, it’s crucial to consult with a personal injury attorney prior to seeking compensation. A legal representative from Coyne, Cundiff & Hillemann, P.C. will address any questions you have about filing a claim and ensure your case is as strong as possible. Contact them at (636) 561-5599 to request a case evaluation or visit their website for additional information.