After an accident has caused harm to one or more persons, or has caused damage to someone’s personal property, those affected have the right to submit a liability claim. After their claim has been reviewed, the accident victims hope that the liability issue has been made clear. Still, any clarity in regard to that particular issue will demand declaration of specific proofs.
The first of three required proofs
The plaintiff in the case initiated by the liability claim must prove that the defendant, the person held responsible for the accident, had a duty of care, with respect to those victimized by the same accident. Society has established rules of law, in order to encourage each person’s awareness of their duty to care about how their actions might affect other individuals.
The “but for” proof, the second of three
If the court acknowledges the veracity of this one “but for” statement, then the plaintiff will have proven existence of one of the three factors that point to one person as the individual responsible for a given accident. That statement goes something like this: But for the actions of the defendant, the accident being studied by the court would not have taken place.
The conduct of the person alleged to have caused the accident has demonstrated that same person’s failure to exhibit a duty of care. As judged by someone that intends to make a reasonable determination, that same conduct appears to have been carried out by the person now held at-fault for the given accident.
The last of the three things that need to be proven
This seeks to prove that the defendant, the person that has done more than just failed to exhibit a duty of care. In addition, he or she has also acted in a manner that triggered an unfortunate occurrence. Furthermore, as a result of that occurrence, someone has been harmed or some piece of property has been damaged.
If the courts agree to the claims associated with all three proofs, then the courts lack any reason to acknowledge doubt, concerning who should be held liable for the considered accident. Hence, the courts would feel obligated to point a finger at the person that has been shown to be at-fault for the accident under consideration.
What can a defendant do, after being declared at-fault for accident-caused injuries or damages?
Hopefully, the same defendant has hired an injury lawyer in Spruce Grove. That lawyer can help the accused defendant to file an appeal. Ideally, the attorney that files for an appeal has some sense for which of the arguments that have been made by the plaintiff’s own lawyer can be challenged, and possibly refuted. The refuted arguments would weaken the plaintiff’s case. A weaker case for the plaintiff means a stronger one for the defendant. Consequently, an appeal can be used to overturn one court’s decision to grant an award that had been claimed by a plaintiff.