What is Contested Liability?

Contested liability occurs when the defendant in a personal injury case denies responsibility for the accident or injury. Instead of admitting fault and negotiating damages, the defendant argues that they were not negligent, not the cause of the plaintiff’s injuries, or that someone else is to blame.

When liability is contested, it often leads to a longer legal battle, more investigation, and potentially a trial.

What does it mean when liability is contested?

When a defendant contests liability, they are challenging the legal claim that they were at fault for the incident. This could involve denying negligence entirely or claiming that the plaintiff contributed to their own injuries. In some cases, liability may be partially accepted, but the degree of fault is disputed.

Contested liability is common in car accidents, slip-and-fall cases, and other personal injury claims involving complex fact patterns.

• The defendant denies being responsible for the accident or injury.

• They may blame the plaintiff, another party, or claim an unavoidable event.

• Often triggers full litigation, including depositions, discovery, and expert opinions.

• Can delay settlement, since both sides must first prove or disprove fault.

Why would a defendant contest liability?

There are several reasons a defendant—or their insurance company—might contest liability. Sometimes it’s a genuine belief they weren’t at fault. Other times, it’s a strategy to minimize payouts or pressure the plaintiff into settling for less. Contested liability puts the burden on the plaintiff to prove that the defendant’s actions directly caused their injury.

In comparative negligence states, contesting liability can reduce how much a defendant ultimately pays.

• Belief that another party caused the accident.

• Claims of shared fault by the plaintiff.

• Disputes over facts, like visibility, signage, or behavior before the incident.

• Attempts to avoid financial responsibility or limit exposure in settlement talks.

How do you handle a contested liability case?

In contested liability cases, the plaintiff must build a strong evidentiary record to prove negligence and causation. This often involves collecting police reports, witness statements, photos, surveillance footage, and expert testimony. Attorneys may also reconstruct the accident or call in medical experts to prove how the injuries occurred.

Having a personal injury attorney is especially important in these situations, as the legal burden of proof remains on the plaintiff.

• Gather as much physical and testimonial evidence as possible.

• Use accident reconstruction or medical experts, if needed.

• Challenge the defense’s narrative with strong documentation.

• Be prepared for a longer litigation timeline and possible trial.

Does contested liability mean I can’t settle?

No. Even if liability is contested at first, many cases still settle—often after discovery or pretrial motions clarify the strength of each side’s position. Insurance companies may initially dispute liability as a strategy but become more open to settlement as evidence develops.

Plaintiffs should not assume that contested liability means a trial is inevitable—but they should be ready to litigate.

• Cases often settle after depositions or expert reports are exchanged.

• Insurance companies may test the plaintiff’s resolve before negotiating seriously.

• Strong evidence can pressure the defense to settle.

• Trial remains a possibility, but it’s not guaranteed.

Conclusion

Contested liability means the defendant denies legal responsibility for the accident, which can complicate a personal injury claim. Proving liability becomes the plaintiff’s top priority, requiring strong evidence, legal expertise, and strategic litigation. With the right preparation, even contested cases can result in fair compensation—whether through settlement or trial.