Liability

Liability is, in general, when someone owes somebody something, usually money. It can also refer to one’s legal responsibility for a risk. In personal injury claims, liability refers to a person or entity’s legal responsibility to financially compensate another party for an injury and the resulting damages caused by negligence. In a civil case, being found “liable” is similar to a defendant in a criminal case being found “guilty.”

There are numerous ways one can be found liable for your injuries:

• Due to their actions, for example if they run a red light and injure you in a car accident.
• Due to their inaction, for example if a store manager fails to fix or warn of a dangerous condition on their property, leading to a slip and fall.
• Due to the actions of people or animals which they are legally responsible for, such as a dog owner who does not leash their dog, leading to a dog bite, or someone who allows their friend to drive their car drunk in a negligent entrustment claim.
• Due to the doctrine of strict liability, common in product liability claims, where an entity is legally responsible for injuries, regardless of their intent or whether they acted negligently.

In most personal injury cases, while a negligent person such as a drunk driver or negligent doctor may be liable for your injuries, their insurance company is actually liable for compensating you with monetary damages.

Determining Liability

In order to hold a party liable in a personal injury claim, you must be able to prove the five elements of negligence:

1. Duty of care — The other party had a responsibility to protect you from an unreasonable risk of harm
2. Breach of duty — They failed in that duty
3. Cause-in-fact — The accident or incident caused your injuries
4. Proximate cause — The other party’s negligence directly caused or contributed to the accident or incident
5. Damages — You sustained financial losses as a result

Several Liability Vs. Joint Liability Vs. Joint and Several Liability

Different states have different rules for claims in which more than one party is liable for your injuries. In several liability, each party pays for whatever percentage of your injuries are to blame for. Say there are two parties responsible for your accident, and your damages total $50,000. If Party A is responsible for 80 percent of the accident, they would pay you $40,000, while Party B would pay you $10,000. If Party B does not have $10,000, your compensation would only be $40,000.

In joint liability, all liable parties together are liable for all of your damages. In the above example, if Party A dies or declares bankruptcy, Party B would be responsible for paying the entire $50,000.

Both Missouri and Illinois are joint and several liability states, which is a modification of the two theories. In Missouri, under Missouri Revised Statute §537.067, any defendant who was found to be 51 percent or more responsible for your injuries can be forced to pay all of your damages. Anyone who bears less than 51 percent of the fault is only liable for the percentage of the judgment for which the trier of fact deemed them responsible.

In Illinois, 735 ILCS 5/2-1117 stipulates that anyone with less than 25 percent of the blame for an injury is only severally liable, meaning they only have to pay their percentage. All defendants who bear 25 percent or more of the blame are liable for all of your damages.

If more than one defendant is liable for 25 percent or more of your damages, they can argue with each other about how much each one will pay.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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