Negligence Explained
Negligence is a key factor in personal injury cases. It occurs whenever a party – whether a person, company, employer, or manufacturer – fails to uphold the standard of care needed to avoid foreseeable harm to another person or their property. Generally speaking, when someone acts carelessly and causes an injury to another person, the careless person will be legally liable for any resulting harm.
Examples of personal injury negligence can include:
Car Accidents: If a driver is speeding, not paying attention to the road, or driving under the influence and causes an accident resulting in injuries to another person, they may be held liable for personal injury negligence.
Slip and Fall Accidents: Property owners have a duty to maintain safe conditions on their premises. If a property owner fails to repair an uneven sidewalk or clear snow/ice from a walkway and someone slips and falls, the property owner may be liable for personal injury negligence.
Defective Products: If a manufacturer sells a defective product that causes harm or injury to a consumer, the manufacturer may be liable for personal injury negligence.
Medical Malpractice: If a healthcare provider fails to provide the appropriate standard of care, whether by misdiagnosis or an error in treatment, and their actions or inactions cause harm to a patient, they may be held liable for personal injury negligence.
Dog Bites: If a dog owner fails to control their pet and the dog bites someone, the owner may be held liable for personal injury negligence.
Workplace Accidents: Employers have a duty to provide a safe working environment. If an employer fails to maintain a safe workplace and an employee is injured as a result, the employer may be held liable for personal injury negligence.
There are four elements that must be established in order to prove a legal claim of negligence:
Duty — The defendant (the person accused of negligence) owed a legal duty to the plaintiff (the person injured) under the circumstances. The duty of care can vary depending on the situation and the relationship between the parties.
Breach — The defendant breached that legal duty by acting or failing to act as a reasonable person would have acted in the same situation. This is often determined by considering the applicable standard of care and comparing the defendant's conduct to that standard.
Causation — It was the defendant's actions (or inaction) that actually caused the plaintiff's injuries. There are two types of causation: actual cause (i.e. the defendant's actions directly caused the injury) and proximate cause (i.e. the defendant's actions were a foreseeable cause of the injury).
Damages — The plaintiff was harmed or injured as a result of the defendant's actions due to a breach of duty and causation. This can include physical injuries, emotional damage, and financial losses.
If the plaintiff can prove all of these elements are present, they may be able to recover compensation for their damages. However, it's important to note that the specific legal requirements for proving negligence can vary depending on the jurisdiction and the case facts.
If you or a loved one has been injured due to another's negligence, it may be worth pursuing a legal claim — especially if medical bills were incurred or missed work resulted in lost income.
Consult an experienced personal injury attorney for guidance specific to your situation. Many attorneys offer complimentary consultations during which they can listen to your summary of events and decide whether you have a case.