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third-party liability

What Is Third Party Negligence: A Guide

Unfortunately, unexpected injury is a part of life. In fact, there are nearly 40 million physician visits each year as a result of accidental injury. 

There are times, though, where injuries happen due to the negligence of another person. In these scenarios, they’re responsible for handling your medical bills and recovery if it can be proven that they’re at fault.

Not sure where to start? Don’t worry, we’ve got you covered.

Let’s take a look at everything you need to know about third-party liability.

What Is Third-Party Negligence?

As the name implies, third-party negligence occurs when someone is injured due to someone else’s failure to take proper care of their responsibilities.

This is most often seen in workplace settings and businesses but doesn’t necessarily involve employees. Similarly, a manufacturing oversight or defective product design that results in injury could also be considered third-party negligence.

When making this claim, it’s not enough for the plaintiff to prove that they suffered or are suffering from injuries. They have to prove that the other party’s inaction or failure to follow protocol caused their injuries.

What Are Common Examples?

As previously mentioned, this type of negligence can arise during a handful of different scenarios.

Let’s dive into a few.

Defective Products

Daniel is an account executive who has to travel out of state to meet with an important group of clients. His flight arrived earlier than expected, so he checks in at his hotel with plenty of time to spare.

While in his hotel room, he pulls out a pair of newly purchased exercise bands in order to get a decent workout while he waits for his client to prepare for their meeting.

Despite the bands being brand new and advertised as high-quality, one of them snaps minutes into his workout. The tension causes the band to lash out toward Daniel’s face and strike him in the eye, leaving him with temporary blindness and serious physical trauma.

Third-Party Negligence

David works at a warehouse loading and unloading products for the company.

A shipment from another company arrives. The other company has a forklift and forklift driver that unloads the products.

The forklift driver hits David while unloading products. David sustains serious injuries. David may have a claim against the other company. 

What to Do If You’ve Been Injured

Although it can be difficult to think clearly after you’ve been injured, it’s important that you make the best decision for your situation.

If you’ve suffered an injury as the result of a third party failing to fulfill their duties, you have a couple of options.

Settling out of Court

Sometimes, the party at fault will be highly proactive in trying to make things right. They may pay for all of your medical bills, your psychological/emotional distress, etc. in exchange for keeping things out of the courtroom.

Some businesses, however, aren’t so quick to admit fault. They may try to deny that they’re liable for your injuries, and may even try to blame you for ending up in your situation. 

When things have reached this point, there’s no use in trying to negotiate (no matter how obvious their negligence is).

Instead, you should move on to…

Litigation

Hiring a reputable personal injury attorney who specializes in third-party liability will ensure that you’re compensated for your injuries if someone was indeed at fault. This is especially vital if the other party outright denies liability.

Hiring an attorney could pressure the at-fault party to settle out of court. But, if things don’t head down that road, you’ll be in good hands when your case makes it to the courtroom.

What Else Should I Keep in Mind?

The more evidence you have for your case, the stronger it will be (and the more your attorney will be able to help you).

Photographs of your injuries, the accident scene, and any proof you can acquire of the third party’s negligence will go a long way in helping you receive compensation.

Proving Third-Party Liability Can Seem Difficult 

But it doesn’t have to be.

With the above information about third-party liability in mind, you’ll be well on your way to getting the compensation that you deserve. But only if you go about it the right way.

Want to learn more about how we can help? Feel free to get in touch with us today.

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