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Simple English definitions for legal terms
fault-based liability
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A quick definition of fault-based liability:
Fault-based liability is when someone is legally responsible for their actions because they did something wrong or didn't do something they were supposed to do. This means they can be sued or punished for the harm they caused. It's different from strict liability, where someone can be held responsible even if they didn't do anything wrong.
A more thorough explanation:
Definition: Fault-based liability refers to legal responsibility or accountability for a harm caused by a person's negligence or intentional action. It is enforceable by civil remedy or criminal punishment.
Examples: If a driver causes an accident due to reckless driving, they may be held liable for any injuries or damages caused to the other party. Similarly, if a doctor fails to provide adequate care to a patient, resulting in harm or injury, they may be held liable for medical malpractice.
Explanation: In both examples, the person responsible for the harm caused is held accountable for their actions. Fault-based liability is based on the degree of blameworthiness of the person responsible for the harm. It is different from strict liability, which holds a person responsible for harm caused regardless of their fault or intent.