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When discussing the compensation that a person may receive for an accident it is important to know what part of law covers any legal action that might take place. Criminal law does not cover most accident compensation, as criminal law is focussed on when a person wrongs society through their actions. Breach of contract does not cover most accident cases either as in most accidents the involved parties have not entered into a contract. Instead, accidents are covered by tort law.
Tort, taken from Old French, essentially means "a wrong" and tort law refers to a breach of civil duty, rather than a breach of contract or an offence against society. Tort law is most useful for establishing liability in an accident claim. It allows solicitors and judges to look at any claims brought before them and establish whether one person didn't meet their duties.
But what do a person's duties actually consist of? Generally, they must not cause harm to come to a person through either intentional actions, sheer negligence or by not taking the necessary steps to ensure safety in a potentially dangerous setting.
This means that when a case enters a court in which an employee in a factory has been injured by a machine it is not a clear cut case of employer liability. If the employer has taken all the necessary precautions and followed all the regulations that they should have then they will likely be found to not have been in breach of their civil duty. The employee will still receive compensation from the insurance company in most cases, but it is recognised that it is not the employer's fault.
If, however, the employer has not taken all the necessary precautions and that resulted in the worker being injured then they may be found to be in breach of tort law through negligence. They may also have deliberately misinformed the employee as to how to operate the machinery which would be an intentional tort.
Tort law can also cover traffic accidents and general personal injury claims as well as work accidents, and in each case it is designed to force the liable party to compensate the victim of an accident.
Tort, taken from Old French, essentially means "a wrong" and tort law refers to a breach of civil duty, rather than a breach of contract or an offence against society. Tort law is most useful for establishing liability in an accident claim. It allows solicitors and judges to look at any claims brought before them and establish whether one person didn't meet their duties.
But what do a person's duties actually consist of? Generally, they must not cause harm to come to a person through either intentional actions, sheer negligence or by not taking the necessary steps to ensure safety in a potentially dangerous setting.
This means that when a case enters a court in which an employee in a factory has been injured by a machine it is not a clear cut case of employer liability. If the employer has taken all the necessary precautions and followed all the regulations that they should have then they will likely be found to not have been in breach of their civil duty. The employee will still receive compensation from the insurance company in most cases, but it is recognised that it is not the employer's fault.
If, however, the employer has not taken all the necessary precautions and that resulted in the worker being injured then they may be found to be in breach of tort law through negligence. They may also have deliberately misinformed the employee as to how to operate the machinery which would be an intentional tort.
Tort law can also cover traffic accidents and general personal injury claims as well as work accidents, and in each case it is designed to force the liable party to compensate the victim of an accident.
Claims For You had this article written by Thom Sanders. They are accident solicitors with expertise in getting you your accident compensation.
Article Source: https://EzineArticles.com/expert/Thom_Sanders/701193
Article Source: http://EzineArticles.com/5276817
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