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 West Virginia, liability is a legal concept that refers to the responsibility one party (the defendant) has for causing harm or loss to another party (the plaintiff). This often arises in personal injury cases where the defendant is found to have breached a duty of care owed to the plaintiff, resulting in injury or damages. Liability insurance is a type of coverage that protects the insured against claims of legal liability, providing defense and indemnification against third-party claims. When an insured party faces a claim, they can file a liability claim with their insurer to seek coverage under their policy. Additionally, in a business context, liability refers to financial obligations or debts of a company that are recorded on its balance sheet. West Virginia state statutes and federal laws govern the determination and enforcement of liability, and the specific rules can vary depending on the context of the liability, whether it is related to personal injury, insurance claims, or business debts.