Free Consultation

Establish Liability in Personal Injury Case

BY: Randolph and Associates | November 8, 2023 | Personal Injury

Establishing liability in a personal injury case is a critical step to prove that the defendant (the person or entity being sued) was responsible for your injuries. To establish liability, you must show that the defendant was negligent or engaged in wrongful conduct that directly caused your injuries. Establishing liability in a personal injury case is a critical step, and it’s essential to build a strong and compelling case by providing evidence of negligence, causation, and the resulting damages. Our knowledgeable Santa Monica personal injury attorney at Randolph & Associates can guide you through this process and improve your chances of obtaining fair compensation for your injuries and losses.

Duty of Care

The first element in establishing liability is demonstrating that the defendant owed you a duty of care. This duty varies depending on the specific circumstances of the case. For example, drivers must operate their vehicles safely, property owners must maintain their premises safely, and medical professionals must provide a standard level of care.

Breach of Duty

To establish liability, you must show that the defendant breached their duty of care. This means they failed to act in a reasonably prudent manner or engaged in wrongful behavior. This breach could involve reckless driving, failure to maintain a safe property, or medical malpractice.


You must prove that the defendant’s breach of duty was the direct cause of your injuries. There are two types of causation to consider:

  • Cause in Fact (Actual Cause): You need to show that the defendant’s actions were a substantial factor in causing your injuries. In other words, “but for” the defendant’s negligence, your injuries would not have occurred.
  • Proximate Cause (Legal Cause): Proximate cause deals with the foreseeability of the consequences. You must demonstrate that the defendant’s actions were a foreseeable cause of your injuries and the injuries were not too remote or indirect.


To establish liability fully, you must prove that you suffered actual damages due to the defendant’s breach of duty and have a legal right to compensation. Damages include medical expenses, lost wages, pain and suffering, property damage, and other losses.


Gathering and presenting evidence is crucial in establishing liability. This evidence may include:

  • Witness statements
  • Photographs of the accident scene
  • Medical records and bills
  • Expert witness testimony
  • Accident reports
  • Surveillance footage (if available)
  • Documentation of property damage
  • Your testimony

Legal Standard

Understand the legal standard applicable to your case. In some situations, “strict liability” may apply, meaning you don’t need to prove negligence, as is often the case in product liability claims.

Consult with Our Personal Injury Lawyers

Personal injury cases can be legally complex, and insurance companies may contest your claims. Consulting with our experienced personal injury attorney in Santa Monica at Randolph & Associates is highly advisable. Our attorney, Donald Randolph, can help you gather and present evidence, navigate the legal process and negotiate with the defendant’s insurance company. He will also represent your interests in court if a settlement cannot be reached.

Prev Next

Have You Been Injured In An Accident?

If you have been involved in an accident or injured due to the negligence of someone else, it is important that you seek legal representation. The trusted and experienced attorneys at Randolph and Associates are here to guide you in the aftermath of your accident and fight on your behalf to get you the compensation and justice you deserve. Contact us today for a free consultation.
Top Icon
Mail Icon
Contact Us Mail Icon

    By clicking submit, you are agreeing to the Disclaimer and Privacy Policy