Motherway & Napleton Blog

Is negligence required to sustain a claim?

Yes. Generally, persons or corporations are only liable for an injury or death if they are negligent. They are also liable if they have higher degree of fault called willful and wanton conduct, such as drunk driving or other high risk behavior.

Sellers of dangerous products can be strictly liable even if they acted in good faith. Those who intentionally cause harm are liable, but are probably not covered by insurance.