The Law Office of Brian J. Levine

Dram Shop Lawsuits Blog

Personal Injury Liability

May 9, 2018

Any solid personal injury claim is predicated on finding fault with another party. The other party may be an individual, a business, or even a government entity. However, the concept remains the same: an accident must have been caused directly or indirectly by another party in order to recover damages through a personal injury claim. In New Jersey, this can be proven through either negligence based liability or strict liability. If you or a loved one has been injured in a motor vehicle accident, dog bite, construction accident, slip and fall, or any other type of accident, finding fault may be the key to recovering financial compensation.

Today, our personal injury lawyer will define negligence liability and strict liability, discussing which types of accidents may fall under each category in New Jersey.

Negligence Liability: Bridgewater, NJ Personal Injury Lawyer

The majority of personal injury cases fall under negligence liability statutes. In these cases, a Bridgewater personal injury lawyer must prove that the at fault party acted negligently, recklessly, or both. The legal definition of negligence is generally considered the failure by an individual or organization to act as they would reasonably be expected to do. In practical terms, this essentially boils down to misconduct leading to a dangerous situation.

Examples of negligence include drunk driving, failing to provide adequate security, allowing your dog to bite another person, and much more. Under New Jersey comparative negligence laws, it may also be possible for individuals who are partially at fault for an accident to still recover financial compensation.

Strict Liability in Somerset County

Some types of accidents also fall under what is know as strict liability statutes in New Jersey. These types of personal injury claims do not require Somerset County personal injury attorneys to prove negligence or recklessness of the at fault party. It is important to understand that strict liability is a generic legal term which can refer to a number of areas including criminal and civil lawsuits.

Strict liability laws were introduced to protect accident victims in situations where it would have been unreasonable to prove negligence or recklessness. Only very specific types of accidents may allow victims to file strict liability claims. While strict liability claims require a lesser degree of proof, they still entitle plaintiffs to the same potential compensation as negligence based liability claims.

Strict Liability vs. Negligence Based Fault in Somerset County

So which types of claims fall under each category? As mentioned previously, the default for personal injury claims is to be based on proving negligent or reckless actions by the at fault party. Negligence fault claims may include but are not limited to the following types of accidents in NJ:

Strict liability claims may be filed for the following types of accident types:

Contact a Somerville Personal Injury Attorney Today

At The Law Office of Brian J. Levine, our legal team has extensive experience securing successful settlements and verdicts for clients from local Somerset County and Hunterdon County towns including Somerville, Bridgewater, Franklin, New Brunswick, Hillsborough, and all of Northern New Jersey. Our focus has always been on developing strong attorney-client relationships while providing highly effective legal solutions. Attorney Levine has nearly three decades of focused legal experience and has earned the distinction as a Certified Civil Trial Attorney by the New Jersey Supreme Court. 

To learn more about how liability and fault may impact your personal injury case, please contact us online or call our Somerville, NJ office at (908) 524-0123 today for a free and confidential consultation.