In a California personal injury case, the term defendant refers to:
- The person (or group of people) you file your lawsuit against.
Somebody doesn’t officially become a defendant until you file a lawsuit, but they’re likely going to be involved from the very beginning. That’s because the defendant is the person that is responsible for the accident and your injuries. And when you’re in a personal injury case, you need the right support. Reach out to Maison Law today for a free consultation to talk over your options.
Who’s the Defendant in My Personal Injury Case?
Like our definition says, the defendant in a personal injury case is the person you’ll file your lawsuit against. But the reason you’ll know who that is before you reach that point is because the defendant is:
- Whoever’s negligence caused the accident and your injuries.
Basically, this is the whole reason you have to establish fault in the first place–to pin liability on someone (or a group of people.) With that said, it also comes down to your individual circumstances. So, the defendant in your personal injury case could be:
- Another person. This could be a driver, a neighbor, a homeowner, or anyone whose actions led to the injury.
- A business. Stores, restaurants, bars, gyms, hotels—any place that’s open to the public and expected to keep things reasonably safe.
- A property owner. The owner of a house, apartment building, or commercial property where something unsafe was allowed to exist.
- A property management company. Sometimes the owner hires a management company to handle repairs and maintenance. If they dropped the ball, they may be responsible.
- A repair or maintenance company. This comes up when a third party was hired to fix or maintain something and didn’t do it properly.
- A manufacturer or seller. If a product breaks, malfunctions, or turns out to be unsafe, the company that made or sold it could be responsible.
- A delivery or transportation company. This includes delivery drivers, rideshare drivers, or companies that put vehicles on the road.
- A city or other government agency. Sometimes unsafe roads, sidewalks, or public buildings play a role. These cases follow different rules and timelines.
It’s common for more than one person or company to share responsibility, which means there could be multiple defendants in your case. At the end of the day, though, figuring out the defendant is about asking who had control, who knew about the risk, and who had the chance to prevent your injury—but didn’t.
Our team of California personal injury lawyers at Maison Law can give you everything you need to figure this out, and we’ll also support you through the whole claims process. Set up a free consultation today to talk over your options.
