Liability and damages can be established on several bases.
Negligence - When a case is filed for the failure or omission of another we call that a tort. This is where the defendant is accused of causing the injury by failing to prevent it. An example would be an accusation that a property owner failed to clear ice off a sidewalk. Another example would be someone who was speeding and caused an accident.
Intentional Wrong - Intentional wrongs can sometimes be brought as civil, personal injury claims apart from any criminal charges the defendant may be facing.
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