Human Factors in Personal Injury Claims

Proving Liability

An important factor in any personal injury claim is proving “liability” — showing who caused an injury and how that happened. In some types of claims, proving liability is fairly straightforward. For example, if a motorist is stopped at a red light and is injured when hit from behind by another driver, it’s relatively obvious who caused the injury and how they did it. In other situations, however, this can be much more challenging. Slip-and-fall and trip-and-fall injury claims are often much more difficult situations in which to prove liability and show how a “defective condition” of some sort caused the incident. One difficulty is in understanding how and why the injured person ended up in a situation where the defect caused him or her to slip or trip. This is where the element of human factors in personal injury claims becomes very important.Short_Leg_Walking_Cast

The “Human” Factors in Personal Injury Claims

Explaining the human factors in personal injury claims requires an understanding of both human nature and of the environment in which a person has experienced an injury. If a slip-and-fall victim had a choice of different paths to take, why did he take the one that led to his injury? If a machinery operator had a choice of different ways in which to operate her equipment, why did she choose the method that resulted in the equipment causing her an injury?

Expert Testimony

To address these situations, a personal injury attorney will often retain the services of an expert knowledgeable as to the importance of human factors in personal injury claims. Very often these experts will have backgrounds in engineering fields or in safety practices and will work with architects and large companies to design safe buildings and workplaces. They can provide valuable expert testimony about human factors in personal injury claims to explain why the injury victim ended up interacting with the environment in a way that resulted in them being hurt, as well as testimony explaining why the premises owner could and should have understood that the defect on their property was likely to injury someone.

I’m Ed Smith, a Sacramento personal injury attorney with the primary accident information site on the web, AutoAccident.com.

If you have suffered a serious injury in a slip-and-fall or trip-and-fall incident or other traumatic event, call me now at (916) 921-6400. If you are outside the Sacramento area, you can call at (800) 404-5400 for free, friendly advice.

You can find out more about our office by looking for us either on Yelp or on Avvo, the attorney rating site.

Updated:

Client Reviews

  • Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!
    Sincerely,
    ★★★★★
  • Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation.
    ★★★★★
  • Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything.
    ★★★★★
  • Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime.
    ★★★★★
  • I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone.
    ★★★★★
  • Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury.
    ★★★★★