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A Tampa Personal Injury Attorney Discusses Degrees of Fault: Negligence, Intentional Fault, Strict Liability

As soon as you hire Clark and Martino, P.A., as your Tampa personal injury attorney, we get to work determining who may be responsible for your injury and how much the responsible party should pay for damages resulting from your injury. Florida law recognizes that the person who caused the injury may be responsible for a certain amount of fault, depending on the person’s involvement in the injury. The different degrees of fault are called negligence, intentional fault, and strict liability.

Negligence: Legally speaking, negligence is defined as “carelessness” or “failure to use due care.” For example, if someone’s careless driving caused you to sustain serious injury, the careless party may be liable to pay for your injuries. A Tampa personal injury attorney from Clark and Martino, P.A., would strive to prove the link between the defendant’s negligence and your injury.

Intentional Fault: Sometimes, personal injury is caused by a person who deliberately meant to do harm. Intentional fault may also be called malicious, purposeful, or knowing. An example of intentional fault (also known as intentional tort) might be when one person purposefully throws an object toward another person with the goal of causing an injury.

Strict Liability: Strict liability is defined as “liability without fault.” Strict liability is often seen in cases of product liability, for example, when a manufactured product causes injury. In strict liability situations, defendants may be liable for a personal injury whether or not they were careful and regardless of whether they meant to do harm.

In addition to figuring out the degree of fault in a case, a Tampa personal injury attorney from Clark and Martino, P.A., would also work to make sure you are properly compensated for the damages you suffered from your personal injury. To discuss your case with a Tampa personal injury attorney, call Clark and Martino, P.A., at 1-866-598-9111.