Direct liability for accidents


Accidents directly caused by a person (the defendant) may entitle another person (the claimant) to compensation, if they suffered an injury or damage to property or person as a result.

In order to be found directly liable for an injury or damage to property, it must be proven that the party at fault acted negligently. Negligence is a tort and it has three conditions that must be met in order for a defendant to be found directly liable for damages: 

  • It must be established that the defendant owed a duty of care to the claimant. A duty of care can be established if it is reasonably foreseeable that the claimant would be injured or their property would be damaged. There must also be sufficient proximity between the parties
  • The duty of care was breached resulting in the accident
  • The accident caused the injury or property damage

If negligence is proven, the claimant will be entitled to compensation.

Compensation - how does it work?

Compensation can include the cost of repairs to property, or the cost of medical treatment in the case of an injury. It can also cover the loss of earnings and, in some cases, the pain and suffering experienced as a result of the accident.

Direct consequences of an accident can also include psychological injuries, for example depression, and compensation can be awarded for these as well.

Negligence and tort in general are very complex areas of law. It is highly advisable that you seek professional legal advice if you are the victim of, or the perpetrator of, an accident. Direct liability for an accident is often very hard to prove and the other party may deny liability, or claim that you were responsible.

If you would like to obtain legal advice on negligence or accident liability, Contact Law can put you in touch with a local specialist personal injury / accident solicitor free of charge. So, if you have any questions or would like our help in finding local personal injury / accident solicitors please call us on 0800 1777 162 or complete the web-form above.

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