This blog has discussed how the law behind personal injury plays out in a variety of contexts. As one may be able to tell just by reading prior posts, there are relatively few injuries where the party responsible for an accident set out to hurt someone. In most cases, whether on the ski slopes, on the roads, in a store or business, or somewhere else, it was the careless or thoughtless behavior of another person that caused a severe injury.
It bears repeating, though, that a Colorado resident need not be a bad person or out to hurt anybody in order to be held legally responsible to pay compensation to his or her victim.
To prove negligence, one need only show that the person involved in the accident 1) had an obligation to be careful, looking out for the interests of the victim, 2) breeched, or fell short of, that obligation, 3) caused an injury to the victim on account of that shortfall, and 4) hurt the victim in such a way that a court can legally order compensation.
The idea behind the tort of negligence, which is in play in most personal injury and premises liability cases, is that a person must pay for his or her careless actions and omissions, even if they were far from criminal.
This is an important principle because, without it, it is quite possible that a victim of an accident may wind up paying for it both financially and emotionally, even though the victim did not cause his or her injuries. To be sure a victim gets the justice he or she deserves, it may be necessary to enlist the help of an experienced Dillon personal injury attorney.