Hello, my name is Susan Farris and my hobby is learning about the law. I have an uncle who is an attorney and I've always looked up to him and that's why I find subjects on law very interesting. Through speaking with my uncle and doing research on my own, I've learned about all the different fields of law. Each field of law centers on its own subject and most attorneys specialize in a certain area of law. These include criminal, personal injury, family, bankruptcy, criminal, immigration and business. I find each one of these fields very interesting and I have the utmost admiration for lawyers because they help people through their legal struggles. I wanted to share this information with others who have questions about the different types of attorneys and the law.
One of the simplest defenses that someone might assert in an injury case is to claim that the events were not foreseeable. The concept of foreseeability is a big part of what usually determines whether a defendant might owe a plaintiff compensation. If you're preparing to file a claim or have received a rejection of one, it's wise to understand what the idea of foreseeability means to a personal injury lawyer.
Two Possible Standards
Most states apply one of two standards in injury claims, although some of these can vary depending upon the issue in question. The standards are known as subjective and objective foreseeability.
For the events to be subjectively foreseeable, the defendant must have known about a danger and understood its implications. A bar accused of not having enough security before an assault occurring there, for example, could only be held liable if the location had a documented history of violence and the bar's operator failed to take reasonable measures.
Objectively foreseeable events are ones that any reasonable person should have foreseen. A shop keeper who didn't bother to dry out the entryway to a store after a rainstorm had ended, for example, should have reasonably foreseen that it could trigger a slip-and-fall accident.
Several Potential Exceptions
The biggest and most commonly cited exception is what is called force majeure, meaning a greater power. You may have heard this sort of event described as an Act of God, and the concept refers to things that are hard for folks to predict and guard against. For example, the operator of a fairground probably isn't liable for lightning hitting a person if there wasn't sufficient warning in a weather report.
Intentional violent and criminal acts are sometimes considered exceptions. It's hard for a patron at a restaurant to hold the business liable for injuries caused by a robber, for example. Notably, this only applies if there isn't a history of trouble at a place.
Strict Liability
One exception cuts clearly in a plaintiff's favor. This is what's known as strict liability.
Some actions are considered so dangerous that the law presumes the foreseeability of potential injuries from engaging in them. If someone is putting on a fireworks show and a rocket strikes a viewer, for example, that's considered foreseeable under the strict liability standard. Society applies this standard to knowingly doing many dangerous things, such as owning wild animals, working with explosives, or storing volatile chemicals.
To learn more about foreseeability, contact a personal injury lawyer near you.
Share11 May 2020
