Liability is a legal determination or finding of fault or financial responsibility that is enforceable by law (generally the courts and legal processes)—such as when a person is found liable or is found to have liability for certain claims made or losses suffered by another person or entity.
In the personal injury context, liability usually results from a person or entity (the defendant) owing another person or entity (the plaintiff) a certain duty or standard of care, and the person or entity who owes the duty or standard of care (the defendant) breaching the duty or standard of care, resulting in damages to the other person or entity (the plaintiff).
The term liability may be used to describe:
• insurance (liability insurance) that insures the insured against certain kinds legal liability defined in the insurance policy;
• a certain kind of request made by an insured to its insurer, asking the insurer to defend and indemnify the insured against a claim by another person or entity (a third party)—often referred to as a liability claim or a third-party liability claim;
• a debt or financial responsibility of a company or business that appears on its balance sheet.
In Colorado, liability is a legal concept that involves establishing fault or financial responsibility when one party (the defendant) is found to have breached a duty of care owed to another party (the plaintiff), resulting in damages. This concept is particularly relevant in personal injury cases where the plaintiff must prove that the defendant's negligence caused their injury. Liability insurance is a common way for individuals and businesses to protect themselves against potential legal claims, as it provides coverage for legal liabilities specified in the policy. When an insured party faces a claim from a third party, they may file a liability claim with their insurer, seeking defense and indemnification. Additionally, in the context of business, liability refers to financial obligations or debts of a company that are recorded on its balance sheet. Colorado law, like that of other states, is governed by both state statutes and federal law, which outline the specifics of how liability is determined and enforced in various circumstances.