Who is at Fault for Your Personal Injury

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Fault Concepts
The filing of a personal injury claim often leads to a timeless dance of finger-pointing and blame-shifting, and even when fault isn’t hotly-contested, establishing liability is still an essential part of the process. Usually that means framing the wrongful party’s conduct within one of the two main personal injury fault concepts: “negligence” or “strict liability”.

Recent Articles

What is Assumption of the Risk in a Personal Injury Case? by David Goguen, J.D., University of San Francisco School of Law
If you're injured while participating in a dangerous activity, you may still be able to bring an injury claim, but be prepared to hear the other side argue that you "assumed the risk". ... Read more
Can an Employer Be Liable for Personal Injury? by David Goguen, J.D., University of San Francisco School of Law
When an employee's negligence causes an accident, and someone gets injured as a result, the employer may be on the financial hook. ... Read more
What is Strict Liability in an Injury Case? by Neil Goodman
In certain types of personal injury cases, proof of intentional or negligent conduct is not required in order to establish the defendant's legal responsibility for the plaintiff's harm. ... Read more
Which States Follow Contributory Negligence? by David Goguen, J.D., University of San Francisco School of Law
A small number of states still follow the plaintiff-unfriendly rule of contributory negligence in personal injury cases, which can leave an injured claimant with no compensation if he or she ... Read more
What Is the Duty of Care in a Personal Injury Case? by Neil Goodman
Establishing the "duty of care" -- and showing how it was breached -- is the cornerstone of proof in most personal injury cases, so it's crucial to understand this legal concept. ... Read more
What is "Foreseeability" in a Personal Injury Case? by David Berg, Attorney
In most personal injury cases, in order for the defendant to be found liable, the plaintiff's harm must have been a foreseeable result of the defendant's action. ... Read more
What is Negligence Per Se? by Neil Goodman
When the rule of "negligence per se" applies in a personal injury case, the plaintiff does not need to do much to establish the defendant's wrongful action. ... Read more
Can You Be Liable For Failing to Act? by David Berg, Attorney
Can you just sit back and watch someone get hurt, while you do nothing? Can you refuse to help an injured person simply because you don’t feel like helping? ... Read more
Negligence and the "Reasonable Person" in a Personal Injury Case by David Berg, Attorney
The "reasonable person" is often used to determine whether or not certain conduct does or does not amount to negligence in a personal injury case, so exactly who is this elusive character? ... Read more

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