Maryland Personal Injury Attorney

How Liability Is Determined

As stated by the American Bar Association, negligence is a common factor in many instances of personal injury. Every person (or company) has a legal responsibility to act in a way that prevents harm from occurring to another person. For example, motorists should avoid speeding around cyclists or hugging the lane next to a cyclist. Breaking from this standard and committing acts that are deemed unthinking can be classed as negligent behavior should an injury occur. It does not matter if the injury was unintended or not. The person can still be held accountable for failing to engage in safe behaviors.

Liability can also be attributed to factors not linked to negligence. The ABA lists intentional acts as a basis for liability under certain circumstances, such as physical assault or rape. Personal injury claims involving intentional acts are not the same as criminal charges, as these claims are intended to pursue compensation for the resulting harm. Additionally, damage caused by faulty products may entail strict liability. In this case, one only needs to show that the product was dangerous due to the way it was created or designed (not that the maker was negligent).

Dangerous Driving Behaviors

Personal injury can have a number of causes. EndDD.org cites distracted driving behaviors as one potential factor in serious physical injury to motorists. When reviewing crashes that resulted in the death of another person, 10 percent could be attributed to lack of attention while driving. While use of smartphones on the road is the most well-known example of this behavior, even letting one’s mind wander while behind the wheel can be classed as a potential risk.

Premises Liability

Improper maintenance of one’s property can also result in substantial injury. Swimming pools are a common site of bodily harm according to the Centers for Disease Control and Prevention. This is especially true when young children are present, who face a serious risk of drowning if proper precautions are not taken. However, even failing to care for a property, thereby generating a health hazard to the public can also be considered negligent behavior.

Defective Medical Devices

Defective medical devices are another cause of injury, which can sometimes result in death. The New York Times reports on an incident where four patients died as a result of heating and cooling devices used during open-heart surgery. In this case, design flaws were cited as a possible cause of the subsequent infections stemming from bacteria that made its way into surgical sites.