Liability is a term used in legal actions to determine who is responsible for paying the damages in a case. In personal injury cases, the liable party will bear financial responsibility for the victim’s injuries and other damages.
Holding a party liable requires that the plaintiff prove the elements of a tort claim. A tort is simply an act or an omission that causes some injury or harm to another person. There can be no proof of liability without establishing that the defendant’s actions caused the damages or injuries.
In addition to proving their damages, the plaintiff must also show that the damages were a direct result of the defendant’s conduct. If all the elements of the tort claim are met, then liability has been proven. Keep reading below to learn more about different types of tort actions and how liability is assessed in each.
Common Types of Tort Actions
There are three basic types of tort actions in Missouri. Proving liability in each of them is a little different, and the details you need to know are below.
Negligence
Negligence claims are the most common type of tort case. Some common types of cases involving negligence claims include:
- Car accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Medical malpractice
Negligence claims typically allege that the responsible party did not act in a reasonable manner in a specific situation. If this unreasonable behavior led to injuries, they may be held liable for the injuries and damages they caused. Proving a negligence claim requires proving four basic elements:
- Duty of Care: The defendant owed the victim a legal duty to behave in a certain manner, either through law, custom, or a reasonable standard.
- Breach of Duty: A breach occurs when the defendant fails to uphold their duty of care. For instance, texting while driving is a breach of your duty to other drivers to operate your vehicle in a safe and responsible manner.
- Causation: The defendant’s behavior was both the direct and proximate cause of the victim’s injuries or damages.
- Damages: The victim suffered some injuries or other harm. Medical bills, property damages, and other losses are considered damages.
Although the responsible party did not intentionally harm the other person, they can still be found liable for damages in a negligence claim.
Intentional Torts
Intentional torts occur when a person willfully or intentionally harms another. There are several types of intentional torts, including:
- Assault
- Battery
- False imprisonment
- Trespass
- Intentional infliction of emotional distress
- Fraud
- Manslaughter or homicide
In many cases, intentional torts may have both civil and criminal consequences. While a defendant may be held liable and required to pay damages in civil court, they may also be subject to criminal charges. Even if they are not charged with a crime, you may still recover damages in a personal injury case.
Strict Liability
Certain behaviors create strict liability in some situations. There is no requirement to prove intent or fault on the part of the liable party. Simply by engaging in certain behaviors, a party may be held liable for any damages resulting from that behavior.
For example, Missouri law imposes strict liability for dog owners in dog bite cases. The owner’s behavior need not be proven negligent or intentional. A victim must only prove that the dog bite caused their injuries, assuming they were on the property legally and did not provoke the dog.
Most product liability cases in Missouri also follow the concept of strict liability. Not only can the manufacturer be held liable, but the designer, distributor, and seller of the product may also have some liability.
Strict liability is also present in abnormally dangerous activities. For instance, a construction crew that specializes in imploding old buildings would likely be subject to strict liability for any damages resulting from the implosion. This type of activity is extremely dangerous, so they could be held responsible for any injuries, regardless of their intent or fault.
What Personal Injury Damages Must the Liable Party Pay For?
Once liability is imposed, the liable party is responsible for paying both the economic and non-economic damages resulting from their behavior. Economic damages repay the victim for the financial losses they suffered as a result of the defendant’s conduct. Common examples of economic damages include:
- Medical bills
- Lost wages
- Future lost earnings capacity
- Property damage
On the other hand, non-economic damages compensate the victim for the physical and emotional pain they endured. Non-economic damages are more subjective and harder to value. Examples of these types of damages include:
- Pain and suffering
- Mental anguish
- Anxiety
- Depression
- PTSD
- Loss of quality of life
- Loss of consortium
If you have suffered injuries because of someone else’s behavior, you should consult with an experienced personal injury attorney at Roach Law Car Accident Lawyers. We can help you hold the responsible party liable and get you the compensation you are entitled to. Contact us at (636) 519-0085 today for a free consultation.
