A public information resource sponsored by the Law Office of David W. Martin - (800) 229-0546

RECOVERING DAMAGES FROM THOSE WHO CAUSE PHYSICAL INJURY

Injuries occur in an almost infinite number of ways, and they happen to people at home, at work, on the roadways and just about everywhere else imaginable.

The law has evolved to allow an injured person to recover from those who wrongfully cause them injury, even when the wrongful conduct was merely careless and not intentional. In some circumstances, the doctrine of “strict liability” permits an injured person to recover damages suffered even in situations where the injury was not necessarily the result of wrongdoing, but, as a public policy, the law imposes responsibility on those in control of things that are likely to cause injury.

Strict Liability: Defective Products, Dangerous Activities & Animals

A legal doctrine known as “strict liability” has developed that allows recovery for injuries even in situations in which there was no improper conduct.

Negligence

When someone fails to act reasonably and that causes injury to another person, the law allows the injured party to recover for the damages caused by the harm.

    AUTOMOTIVE & ROADWAY ACCIDENTS
    DANGEROUS PROPERTY CONDITIONS
    MEDICAL NEGLIGENCE / MALPRACTICE

Intentional Conduct & Punitive Damages

If someone intentionally causes injury, there are a variety of legal theories, such as “battery” that permit recovery, and such situation often allow for the recovery of punitive damages if the conduct is found to be malicious.

Workplace Injuries & Workers’ Compensation

On the job injuries involve a distinct legal analysis. Regardless of whether anyone is “at fault” for the injury, employers generally carry insurance that covers injured workers. Depending on the circumstances, others may be held responsible for the injury if there is fault on the part of a non-employer.