WHAT IS LIABILITY?

At Tobler & Associates, P.C., we serve East Mesa and the Phoenix Valley in representing injured clients.  As a legal assistant, I answer many questions over the phone as people look for an attorney after they’ve been injured.  Sometimes a simple explanation of legal liability is necessary to help explain what Tobler Law can do for them.  There are four elements to legal liability that are outlined below:

1) A duty was owed to the injured party.  (i.e.: a driver of a motor vehicle has a duty to drive safely in order to not cause a collision on the road).

2) That duty was breached.  (i.e.: a driver of a motor vehicle did not apply the brakes in time and rear ended the vehicle in front of it).

3) Actual damages.  (i.e.: the person driving the vehicle that was rear ended suffers neck and back pain following the collision).

4)  Proximate cause.  (i.e.: the injury is the direct result of the duty that was breached – in this case the rear end collision caused the neck and back injury).

Each element of liability must be met.  Sometimes a party can be negligent (they breached a valid duty owed), but no one suffered any actual damages; in that situation there is no claim.  At Tobler Law we work hard to represent our injured clients.  Our experienced attorneys, Lorin G. Tobler, Maren Tobler Hanson and prospective attorney, Nathan Tobler are ready to represent you if you’ve been injured in an accident.

Paralegal Kim

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