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How Is Liability Defined In A Florida Personal Injury Lawsuit

For most people who live and work in Sarasota or Bradenton, the word “liability,” especially in the financial and accounting worlds, has a specific association. An asset is an item in a person’s business or personal belongings that is beneficial and likely to make money in some way. On the other hand, liability is usually owed; a recurring expense like paying for Internet service provision, or a business loan, would be considered liabilities.

In the legal world, however, while sharing some similar concepts, liability is a very different beast, especially if it’s time to go to court. Depending on which side of an accident situation you find yourself in, liability is either the key to getting fair treatment or a sign of impending financial headaches.

Owning Up To Responsibilities

In the world of courts and legal verdicts, the term liable may also be interpreted as “guilty.” In a criminal case, a person accused of a crime is considered guilty or not guilty. However, for lawsuits, the goal is not to determine whether someone has committed a criminal act that deserves criminal punishment. Instead, the goal is to determine who is responsible or culpable for an act so that the responsible party may be legally required to compensate whoever has been wronged.

Being held liable, in this case, means that the court has placed the blame for something on someone’s shoulders and has now entered on legal record that the liable party has “liability.” Liability now takes on the familiar form from accounting in that the liability is a debt that is owed to the party that has been wronged. Liability typically takes the form of losing a lawsuit and being found liable for the damages the wronged party seeks as compensation.

Liability Exposure

Liability exposure is a situation or circumstance that leaves a person or property vulnerable to liability. A homeowner who decides to leave a loaded firearm sitting on a coffee table while children are visiting creates liability exposure. There is a strong chance that children, attracted to toys and familiar with firearms from film and television, will see a gun on a coffee table, pick it up, and play it, possibly aiming the gun and pulling the trigger.

This is straightforward and difficult to deny liability exposure because a loaded gun in an easily accessible place is easy to prevent. If an accident arises due to this situation, in the eyes of the law, negligence, because there was a liability exposure there, the property owner could have prevented but chose not to. It would be very easy for a lawsuit to find the defendant liable with this evidence to present to a jury or judge.

If you, or someone you know in Sarasota or Bradenton, has been injured due to someone else’s negligence, then that negligent party or business owes you compensation. Talk to an experienced personal injury attorney about your situation so you can take the necessary steps to find the responsible parties liable and get a legally enforceable verdict from the court to make things right. It’s crucial in our society for people to be held accountable for their actions.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

How Is Liability Defined In A Florida Personal Injury Lawsuit

Goldman Babboni Fernandez
Murphy & Walsh

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