|
|
Suppose the accident involves an inherently dangerous activity?
There are many activities that are inherently dangerous, such as using explosives to demolish a building, or keeping wild animals on exhibit in a circus. Yet these activities can be helpful to society generally. As a result the courts have created a doctrine of "strict liability" that attempts to balance the competing interests of allowing socially beneficial dangerous activities while "making whole" persons who may be injured as a result of such activities.
If the facts involve what your state considers a "strict
liability" situation, it does not matter how careful the user of explosives may be or how experienced she was. Even if everyone thought the explosives expert was doing the job in as safe a manner as possible, anyone "accidentally" injured in his person or property would be entitled to recover the actual damages the explosion caused. Similarly, if the tiger "accidentally" escapes from what the circus thought was an escape proof cage, and roams the neighborhood, the circus is probably responsible for the consequences of the "accident" no matter how careful the circus was. |
|
|
Should I try to settle with the other person’s insurance company?
How do insurance adjusters work on car accidents?
Are different types of accidents treated differently?
What if the ‘accident’ involves intentional wrongdoing?
Suppose the accident involves an inherently dangerous activity?
What about ‘reckless’ conduct?
What about accidents occurring from plain old negligence or carelessness?
Suppose the accident is ‘all my fault’?
What about ‘accidents’ that result from an ‘act of god’?
What about ‘accidents’ resulting from defective products?
If I go to a circus knowing that wild animals are there, or to a baseball game and get hit by a foul ball, do I ‘assume the risk’?
As ‘accidents happen’ why are lawyers involved?
Do people need a lawyer for all accidents?
Do I have to pay the lawyer in an accident case up front?
If I am in an accident do I have to speak to the other side’s insurance company?
I injured somebody in a car accident. The insurance company refused to settle within my policy limits, and the jury awarded damages in excess of my policy limits. Must I pay the excess?
While driving next to a golf course that had no fencing, my car’s window was cracked by a golf ball. The course manager claims no responsibility and told me the person who hit the ball is liable (but is impossible to find). Can I sue the owner of the golf course?
|
|
|
|
|
|
|
|
|
|
|
|
Need Help with a Legal Issue? |
|
|
 |
|
|
|
|
|
|
|
|
|
|
State Law Center | Legal Links | Site Map | Privacy Policy | Media | About Us | Contact Us