Who Can Be Held Liable in a Michigan Personal Injury Case?

When someone sustains an injury due to the fault of another person or entity, they may be entitled to compensation for their damages. However, determining who can be held liable in a personal injury case can be complex. Michigan laws specify who can be held responsible for such incidents and it’s important to understand this if you are involved in an accident in this state.

Introduction to Personal Injury Cases

A personal injury case can arise from various incidents including car accidents, slip and falls, dog bites, medical malpractice, or even assault. To prove a personal injury case, the injured party (plaintiff) has to show that the defendant (the individual or entity being held liable) had a legal obligation to act with reasonable care and failed to do so, leading to the plaintiff’s injuries.

Parties that Can Be Held Liable

In Michigan, several parties can be held accountable in a personal injury claim.

Individuals

If a person’s actions or inactions cause someone else to sustain an injury, they can be held liable for the harm caused. This can include drivers who cause car wrecks, business owners who fail to maintain safe premises, or even individuals who assault another person.

Companies

Corporations and other entities can also be held responsible for personal injury claims. Companies that manufacture and distribute products can be held liable if their products cause injuries to users. Businesses that own and manage properties can also face liability if they fail to ensure that their premises are safe to use.

Government Entities

Sometimes, the government can be held liable for accidents. For example, a government agency that fails to erect proper traffic signals or signs may incur liability if an accident occurs as a result. Also, if government officials are negligent in the performance of their duties and that leads to a personal injury, the state or federal government may be held responsible for damages incurred.

Professionals

Healthcare professionals such as doctors, nurses, and even pharmacists can be held liable for malpractice if they fail to provide care that meets an established professional standard of care. Legal professionals, architects, and engineers can also be held liable for any harm caused due to negligence.

Factors that Determine Liability

Various factors can be considered when determining who may be held liable in a personal injury case.

Negligence

Negligence refers to a failure to act with reasonable care that results in harm to others. To prove negligence, the plaintiff’s attorney must demonstrate five elements:

  • The defendant owed a duty of care to the plaintiff
  • The defendant breached that duty of care
  • The breach caused the plaintiff’s injuries
  • The injuries resulted in actual damages
  • The damages were foreseeable

Strict Liability

In some cases, a party may be held strictly liable for the injuries sustained by the plaintiff, regardless of the amount of care exercised. For example, if a manufacturer produces a product with a known defect or hazard, it may be held liable in a strict liability lawsuit.

Intentional Torts

Intentional torts refer to actions where the defendant intentionally causes harm to the plaintiff. Assault, battery, false imprisonment, and defamation are all examples of intentional torts.

Conclusion

Determining who can be held liable in a Michigan personal injury case depends on various factors, including the type of incident involved, the parties involved, and the evidence presented. If you have sustained an injury due to another party’s negligence, it’s important to speak with an experienced personal injury attorney who can evaluate your case, gather evidence and advocate on your behalf to help you secure the compensation you deserve.

Scroll to Top