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 Missouri, liability in the context of personal injury refers to the legal responsibility one party (the defendant) has for causing harm to another party (the plaintiff). This typically arises when the defendant breaches a duty of care owed to the plaintiff, resulting in injury or damages. Missouri follows a pure comparative negligence rule, meaning that a plaintiff can recover damages even if they are 99% at fault, but the recovery is reduced by the plaintiff's degree of fault. Regarding liability insurance, Missouri law requires drivers to carry minimum liability insurance to cover bodily injury and property damage. This insurance helps cover the costs if the insured is found legally responsible for an accident. When an insured party in Missouri files a liability claim with their insurer, they are requesting defense and indemnification against claims made by a third party. In the business context, liability refers to the financial obligations of a company, such as debts or obligations to pay damages, which are recorded on the company's balance sheet.