How does a third-party negligence claim work?

A third-party negligence claim, also called a third-party liability claim, is a type of legal action in which one party is held responsible for damages caused by another. In the context of industrial accident law in West Virginia, the third-party negligence claim works as follows: In an industrial accident, the victim can take legal action against the third party, which in this case is anyone other than the victim or the employer. The burden of proof for this type of claim is based on a “reasonableness standard,” meaning the third-party must have acted in an unreasonable manner in providing a service or product that resulted in injury or harm. In order to prove negligence, the victim must prove that the third party owed them a duty of care, that the third party failed to exercise that duty of care, and that the failure to exercise that duty of care was the cause of the accident. The third party must also have had a duty to use reasonable care to make sure that whatever service or product they provided was safe. If the third party is found to be negligent, they can be held financially liable for medical expenses, lost wages, and other damages. In short, a third-party negligence claim allows the victim to seek compensation from a third party that is not their employer for damages caused by their negligence.

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How does a third-party negligence claim work?

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