Knowing Whether You Can Sue Someone for Damages: Essential Facts on Legal Liability
People often hear threats about lawsuits and then they are taken to court. The problem is that many of these are empty threats. If you are serious about suing someone, you need to show that they are liable. For example, you might be asking yourself the question: can I sue my hairdresser for damage to my hair? If you do file a lawsuit against them, you’ll need to prove that they are responsible for the damage to your hair. It can be confusing, so here are some essential facts you need to know about presenting your case.
Proving intent to harm
One of the more common forms of liability is that the person you are suing had full intent behind the actions that hurt you. This is common in battery or assault lawsuits. If someone intentionally attacked you, then you can sue them. It is easy to prove if you have witnesses, especially if the other party threatened you. It is even easier if there is actual physical contact. A punch or a push can be enough to make a person liable for an assault against your person. The defendant has to prove that they did not intend to harm you when they touched you. It can be difficult for them, especially if you have proof.
Judging liability is also part of trespassing cases. Someone entering your property without permission is not an automatic case against them. If the defendant didn’t know someone owned the property, they are not liable for trespassing. It is common out there in rural areas. Some landowners don’t put fences or signs to indicate ownership. A person is only liable for trespassing if they know that the property owner is not allowing anyone into the building or area but they still go on. However, if they think they are on public land and there are no signs of ownership, then they are not liable for any form of trespassing.
The most common form of liability lawsuits stems from negligence. For example, a building owner did not ensure their property passes the local fire code. When a fire happens, and someone dies in the building, they are liable for that death. The landlord can be the target of a wrongful death lawsuit. The important thing is that someone’s negligence created a risky situation. If someone suffers an injury, a lawsuit can happen. It could be something as simple as a wet floor. Whoever left the floor wet would be the target of the lawsuit if someone slips on it.
Responsibility for the results
An interesting facet of liability laws is the laws of strict liability. It only applies to special cases, but cases with strict liability only need to prove someone is responsible for an action. An excellent example of this is pet injury cases. If your pet bites someone, it is your responsibility even if you were not there during the attack.
Ensuring proper liability increases your chances of a successful lawsuit. The facts above should help guide you when filing your lawsuit. Besides the information above, it is a good idea to consult with a lawyer on whether you have a solid case on your side.