Liable / Liability

Liability is one's legal responsibility for their actions. It is at the center of civil law (torts); failure on the part of an individual, group or entity (such as a business, a corporation or an estate) to meet such a responsibility can leave them liable for the consequences, i.e. payment of financial compensation.

Any party who suffers loss, damage or injury because of another party's actions or failure to act is known as the complainant, or plaintiff. S/he must prove in a court of law that the other party - known as the defendant - was obliged to do or refrain from doing something, and failed in this obligation, which was the direct (or proximate)cause of the plaintiff's injury or loss.

If the plaintiff is able to argue this successfully before a judge, the court may award monetary damages and/or issue an order for the defendant to take an action or refrain from taking an action. An example of the latter might be a case in which an individual or group sues a developer in order to prevent him from building on a particular piece of property.

Liability is generally used in civil actions; it is not normally used in criminal matters. However, the defendant in a criminal trial may also find that s/he can be held civilly liable, even if the criminal court finds him/her innocent of criminal charges. In California v. Simpson, a professional athlete was found not guilty of murdering his former spouse and her companion. Later however, the victims' families sued in civil court ( Goldman v. Simpson), in which Simpson was found liable for the deaths.

 

 

 

 

 
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