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Theories of Liability in a Personal Injury Claim

Theories Of Liability In A Personal Injury Claim

If you are injured due to the actions of another party, you may be able to bring a personal injury claim against them for damages. Before you do, though, it’s important that you understand the theory of liability that is guiding your claim. If you have questions about what theory of liability may apply to your case, reach out to our experienced injury lawyers at the Mandel Law Firm today.


Negligence is the failure to exercise the same degree of care that a person of ordinary prudence would exercise in the same situation. Negligence is the basis of the vast majority of personal injury claims.

Strict Liability

Strict liability is a theory of liability that does not require the plaintiff to prove the negligence of the defendant. Instead, the defendant is held strictly liable for an injury to the victim. This often exists in defective product cases, where the defendant is held strictly liable for harm caused by a product that is found to be defective, regardless of negligence.

Vicarious Liability

Vicarious liability is a theory of liability that holds that a supervisor or employer bears responsibility for the actions of their subordinates or employees. For example, if a truck driver causes a crash, the trucking company may be held liable for the damages that result.

Intentional Torts

An intentional tort is committed when someone causes harm to another with intent. For example, assault is a type of intentional tort. Negligence does not need to be established in intentional tort claims.

Liability in Products Liability Claims

In addition to the theories of liability discussed above, there are also two additional theories of liability that are applied in products liability claims.

  • Breach of warranty. A breach of warranty claim exists when a product fails to function in a way that is either expressly stated or implied. For example, a person who buys sunglasses that don’t offer any UV protection, leading to eye damage, may have a breach of warranty claim.
  • Misrepresentation, or fraud, occurs when a product manufacturer deliberately misrepresents something about a product. If the company knew that the information was incorrect and shared it regardless, they can be held liable for any damages that result.

Reach Out to a Skilled New York City Personal Injury Lawyer Today

If you have been involved in an accident and have suffered an injury that you believe was caused by another party’s negligence, you may have a personal injury claim. The best way to find out more about the viability of your claim and what you should do to improve your chances of recovering compensation is to meet with a skilled personal injury lawyer. At the Mandel Law Firm, our personal injury attorneys can assist you by investigating your case, building your claim, and representing you in all conversations with the other party and insurance adjusters. Reach out to us by phone or online to get started.

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