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Tort Negligence Liability

In Colorado, if a person fails to act with reasonable care and they cause an accident, they could be held legally accountable for their actions. Tort liability negligence sounds like a complicated legal phrase. In reality, it is simply a way for victims to recuperate compensation for losses incurred as a result of an accident.

The legal team at Jeffrey Scott Lasswell, PC has nearly two decades of experience helping the people of Southern Colorado. I, Jeffrey Scott Lasswell, believe in open and honest communication with clients. I am always available to answer questions and talk through my clients’ concerns. You won’t get lost in the shuffle, and you’ll never be treated like just another case number.

If you have been involved in an accident caused by a reckless or negligent party and want to learn more about the legal options available to you, contact the office of Jeffrey Scott Lasswell, PC today. We offer a free case evaluation. We’re ready to listen to your story and help you determine the best path to secure the compensation you need.

What Is Tort Liability Negligence?

The tort liability definition Is the act of holding a person or entity financially accountable for their unintentional lack of action or negligence that caused harm or injury to a victim. Essentially, if you are hurt and someone else’s actions or lack thereof caused that injury, you can use the law to seek compensation for your injuries.

Some of the most common types of negligence tort cases involve injuries suffered in:

Elements of Tort Liability Negligence

Certain elements must be present for a tort liability negligence claim to stand up in court. These elements provide the basis of a negligent tort claim:

  • Owe a duty of service – The party or entity at the center of the claim must owe a duty or service to the injured victim. This duty can include, for example, the duty to provide a safe environment to patrons or the duty to other drivers not to break traffic laws.
  • Duty was breached – The party in question must breach or violate the legal duty in some manner. A court will often consider whether a “reasonable” person would have acted in the same manner. If not, the duty may have been breached.
  • The breach caused an injury – While violating their duty, the party must have caused an injury to the victim. There needs to be a direct link established between the violation and the injury itself.
  • The victim suffered losses as a result of the injury – You must also show you suffered a loss as a result of their injury or suffered in some significant way.

Who Is Responsible for Negligence Liability?

The short answer is: it depends. The circumstances of the incident itself can have a huge bearing on who can ultimately be held responsible for negligence. In some situations, a single person may be held responsible. Car accidents are good examples of cases where a single person may be held liable for causing a collision. In slip and fall cases and premises liability claims, a business or corporation may be held liable for negligence.

Even in the examples above, a case may involve more than one party. Getting to the heart of who should be held accountable sometimes takes a great deal of investigation. Talking to an experienced tort attorney is the best way to figure out what type of case you potentially have and who may be held responsible for compensating you.  

Vicarious Liability 

Businesses, corporations, and other organizations may be held accountable when accidents happen on their watch. They are responsible for the negligence of their employees. For example, in slip and fall accidents, a business or corporation may be responsible for failing to provide a safe environment if an employee fails to fix a hazardous condition. When this failure results in an accident involving an injury, the victim may have a vicarious liability legal claim.

Strict Liability Cases

Strict liability torts are a little different. In these types of cases, a victim does not necessarily need to prove that negligence played a role in their injury. Strict liability torts give victims the power to recover compensation from a party simply by showing certain acts were present in the case, without having to show the typical elements of negligence, described above. 

 In most circumstances involving strict liability, it only needs to be demonstrated that a product or activity was dangerous and that danger led to the victim’s injuries.

Common examples of strict liability torts include:

  • Animal attacks or dog bite cases
  • Defective products
  • Dangerous types of activities

Potential Compensation in Negligence Cases

Tort law is primarily concerned with returning a victim to the position they were in before the accident. This is generally achieved by awarding financial compensation to the victim for damages they sustain, such as:

  • Medical expenses, including past medical expenses and medical costs anticipated in the future
  • Lost wages and reduced earning capacity
  • Property that was damaged in the accident
  • Physical, emotional, and mental pain and suffering

A negligence lawyer can analyze the circumstances surrounding your claim and explain the potential compensation that may be available for your claim.

Have Questions About Negligence Liability? Speak with a Lawyer Today 

How do we know so much about negligence liability? It’s because Jeffrey Scott Lasswell, PC, has over 18 years of experience helping the people of Southern Colorado get the compensation and justice they deserve. I am Jeffrey Scott Lasswell, a former insurance defense attorney with insider knowledge of how the industry works. Putting this knowledge to work for you is what I do best.

Still have questions about negligence liability and whether you have a case? Contact Jeffrey Scott Lasswell, PC today. We’re ready to have an open and transparent conversation about your situation and how we may help you.