When learning about personal injury claims, we always read about "holding someone liable" or "liability to pay damages." But what does liability mean in the first place? And why does it matter in a civil case for damages?
Here, we’ll discuss the meaning of liability under the law, but specifically in the practice area of personal injury. We'll also touch on how to prove liability to be justified for compensation and other damages.
What does liability mean when it comes to personal injury claims?
Under the law, liability is a claim which you can enforce against another person. As used in personal injury claims, it’s an obligation to pay damages to another, because of the injuries caused by their fault or negligence.
Black’s Law Dictionary defines liability as “[t]he state of being bound or obliged in law or justice to do, pay, or make good something; legal responsibility.” While it may sound a mouthful, it doesn’t really go beyond our basic understanding of what liability is.
Simply, liability means that a person must do or pay someone because of a legal obligation. This obligation is imposed by law, for which you can sue a person for enforcing this obligation.
To better understand what liability means, here’s a video that explains generally what happens when filing a personal injury claim:
If you want to learn more about liabilities in a claim for damages, consult the best personal injury lawyers in Canada as ranked by Lexpert.
Liability in personal injury cases
Liability is such a big word in personal injury claims, because it’s the very core of this type of civil case. In such cases, the main issue is whether the defendant is liable for the plaintiff. If the answer is yes, then the next question is how much the defendant should be liable to the plaintiff.
Being liable for being negligent
Also related to establishing liability is another term we always hear in personal injury cases: negligence. Common law defines negligence in many ways. It can be:
- a person’s conduct which creates an unreasonable risk of harm, or increases such risk, on another
- failure to exercise the degree of care (also called diligence) expected of an ordinary person in a similar situation
- breach of the duty of care that a person is legally entitled to
When one person is negligent, it would make them liable for any injuries that the other person has suffered. Examples of these are personal injury cases because of:
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medical malpractice: a physician, surgeon, nurse, or pharmacist, along with their hospital as an employer, can be held liable for the injuries that their patients suffered because of a breach of standard of care or negligence
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vehicular collisions: whether it involves a two-car collision or more, the driver responsible for causing the collision using the fault determination rules will be liable to the other drivers for their injuries and damages to their vehicles
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slip-and-fall: if they’re negligent in taking care of their property, owners (including lessors and developers) will be liable for injuries caused to persons using the property, and even to injured third parties
Liability arising from other sources
Liability does not only result from negligence, since there are other reasons why a person may be liable to another:
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breaches of contract: not only will the party be liable for their obligation as stated in the contract, but they will also be liable for damages, including liquidated damages and compensatory damages
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crimes and intentional acts: aside from imprisonment, those who are guilty of a crime can be liable for damages because of the criminal or intentional act, which may include punitive damages
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vicarious liability: when specified by law or under certain cases, an employer may be liable for the acts, fault, or negligence of their employees that caused an injury to other persons
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product liability: a seller or a manufacturer may be held liable for the injuries of their consumers caused by their defective product; this includes damages to the consumer’s property
How can liability be established in claims for personal injuries?
After you’ve proven all the elements of a personal injury case, the result is legally proven liability, which holds the other party liable for the payment of damages. In another point of view, liability is also an element of a personal injury claim itself.
The elements of a personal injury claim are the following:
- defendant has a duty of care
- duty of care was breached
- breach resulted in damages
- connection between the breach and damages
As a plaintiff in a personal injury case, the burden of proving these elements is on you. It must be coupled with pieces of evidence to prove each element, which is where a personal injury lawyer can be of great help.
We’ll discuss these elements below.
Anyhow, here’s a video that explains briefly the elements of a personal injury claim, including Ontario’s limitation period for these types of claims:
If you’re from Ontario who need help with your personal injury claim, reach out to the Lexpert-ranked best personal injury law firms in Ontario.
1. Defendant has a duty of care
The duty or standard of care can be sourced out from a contract between the parties, or when imposed by common law or a specific statute. You would need to prove the existence of this duty or standard that the defendant owed to you. This would also depend on the specific circumstance that called for the exercise of this duty or standard of care.
For instance, in a case of medical malpractice, a doctor has a duty of care that they owe to their patient. This doctor’s duty can be referred to from the codes of ethics and professionalism imposed by regulatory bodies.
2. Duty of care was breached
Next, you must show how this standard or duty of care was breached by the defendant. This involves telling a story of how the breach happened, for which the injured person’s testimony may be used.
Although we usually relate a breach as a positive act, it can also be an omission, such as the negligence to do something which they’re accountable for. The breach must also be measured according to the case.
In other words, is that “breach” considered as what a normal and careful person would not do, given the similar situation.
3. Breach resulted in damages
A proven breach by the defendant would be useless if you did not suffer damages — either or both financial and non-monetary losses. This is where you’ll have to prove the general and special damages you suffered. Although you can also allege other non-compensatory damages for the court to decide on.
4. Connection between the breach and damages
Also called proximity or causality, the alleged breach of the defendant must be the cause of your damages. This is because one of the usual defences against a personal injury claim is that the damages you suffered were not really caused by the defendant’s act or omission.
There’s also the defence of contributory negligence, where the injuries you suffered were also caused partly by you. If proven, the court will reduce the amount of compensation that you’ll be receiving.
How much should a defendant be liable to the plaintiff?
Determining the worth of your personal injury claims is a factual question, which you must prove in court through evidence. Under Canadian torts law, there are two types of damages that you can claim to hold the other liable for:
- general damages, also called mental or pain-and-suffering damages
- special damages or the compensation for your monetary loss
Bare allegations that you should be paid this specific amount of compensation is not enough to persuade the court; you need to prove them according to law. Your personal injury lawyer would tell you what pieces of evidence you would need for your case.
What does liability mean: accountability under the law
Understanding what liability means in personal injury claims is essential for anyone seeking justice and compensation for damages. From proving negligence to establishing the connection between the breach and the harm caused, the process requires careful attention to legal details and evidence. Whether you’re dealing with a medical malpractice case, a vehicle collision, or any other personal injury situation, consulting an experienced personal injury lawyer can help ensure that your case is properly handled.
Check out our Legal FAQs page for more resources on personal injury claims and to understand more about what liability means.