Determining who is at fault in a home accident can be quite difficult. Due to the fact the accident occurred in the home, there may be no witnesses to the accident and it may be assumed that a person who suffers an injury in their own home is to blame for an accident. This isn’t always the case and here’s why.
Using negligence to determine who is at fault
In many personal injury cases, injuries occur because someone has acted negligently. To put a simple definition on negligence, negligence occurs when one party has acted in a way that falls below the standard of care expected by a reasonable person or through their actions, causes harm to another person. The legal elements of negligence are:
- Duty – It must be proven that a person has a pre-existing duty of care to the injured party. In the case of a home accident, this could be the retailer of an electronic item that has a duty to ensure that their product is safe for use.
- Breach – A breach occurs when a party has failed to fulfil their legal duty of care. In this case, if the electronic item in question was found to be defective.
- Causation – The person who has a duty of care must be found to be the direct cause of the injuries. In our example, a retailer would be found not to have caused the injuries if the person was using the item improperly.
Where an injured party is found to be at least partially responsible for the injuries they suffered, blame may be apportioned between the parties accordingly. If a person is found to have acted negligently in causing their own injuries, they may still make a claim for compensation but may have the overall amount reduced as a result.
Have you been injured at home, perhaps as the result of a defective product and you weren’t to blame? Contact Accident Advice Helpline on 0800 689 0500 for more information on how you could make a claim for personal injury compensation.
Our lines are open 24/7 and are staffed by friendly, competent advisors. Making a claim for compensation won’t take away the pain and suffering that you have been through but can help to lessen the financial burden that arises as the result of an accident through unforeseen medical bills and loss of income from being rendered unable to work.
Date Published: December 9, 2015
Author: David Brown