Our guide to Personal Injury Liability Law

What is liability?

Liability is a word we often hear used in cases when there's usually a side at fault. In fact what liability means in legal terms is that when a person or organisation has liability, they hold legal responsibility for what has happened. So for a personal injury claim, if a person is found liable, it means that they caused your injury or accident through their negligence or careless actions. 

When a person or organisation has liability, you may be able to make a personal injury claim against them to seek compensation for your personal injury.

Why is personal injury liability important?

Personal injury liability is important for a personal injury claim because you need to prove liability to win a claim. If proved, you will then be due compensation from the liable party.

How is liability proven?

In a personal injury claim, liability will often be proven when all three of the below apply:

• the other party did not carry out the duty of care towards you which they are lawfully required to
• this has caused you harm and
• it could be seen by the other party that such harm would occur as a result

When you make a personal injury claim, it is often settled between you and the other party out of court, when it is agreed that the other party has or does not have liability. To prove liability a solicitor will take details about the injury or accident and send these to the other party as a summary in a Claim Notification Form (CNF). The other party then has a chance to investigate and respond.

However, if you and the other party cannot agree and settle between you, your personal injury claim could go to court for a judge to decide and prove liability. 

Liability is proven by a judge by examining all the evidence detailing your personal injury which has been gathered for your personal injury claim. It is rare to need to send personal injury claims to a court for a judge to decide as claims are normally settled between each party's legal representatives.

What happens if liability is admitted?

If you make a personal injury claim, the person you claim has caused it (who you will hear referred to as the ‘defendant') can admit liability. This means that they admit they are liable, so are legally responsible for your injury or accident. Your suffering is their fault so they are prepared to compensate you.

What happens if liability is denied?

Not everyone is willing to admit their wrongs and sometimes, your personal injury or accident may not be or appear to be the defendant's fault. When these situations occur, the defendant may deny liability. 

If liability is denied it means that the defendant believes your accident or personal injury was not their fault so they were not negligent. They believe that they can prove this. Where this occurs, your solicitor will start to gather the detailed evidence they need to prove liability and this will normally include a medical assessment. Your solicitor will continue to negotiate with the other party who denies liability and if still not successful, your solicitor will take a look at your personal injury claim and assess how likely it is that it will be successful in court. They will then likely put it to the judge to prove liability.

What about strict liability and other liability types?

Sometimes in personal injury claims, liability does not need to be proved. This is because ‘strict liability' applies. Strict liability means that the other party has automatic responsibility for your personal injury. This is because the other party is in a position which cannot be defended. 

For example, if you bought a product and it was defective causing you a personal injury, strict liability would be found - it is obvious that the manufacturer is responsible for your injury.

There are also other types of liability for personal injury claims as there are a wide variety of different types of accidents and injuries. For example:

• ‘Public liability' is when you suffer an injury in public, such as by slipping on a wet shop floor
• ‘Employers liability' is when you suffer an injury at work, such by using machinery which your employer failed to safely maintain

Why is Personal Injury Law important?

Personal Injury law is important because it provides a way to make a wrong situation fair by ensuring the person who caused it puts it right. Just like if you suffer a financial loss as a result of another, the law may require them to put it right, the same applies to a personal injury.