negligence

Understanding Negligence: A Basic Legal Concept

Negligence is a core concept in personal injury law. Basically, negligence occurs when someone fails to use reasonable care and that failure results in damage or injury to another person. Sounds simple enough, right? But legal negligence has some nuances that are good to understand if you ever face a situation where you or a loved one has been injured due to someone else’s carelessness.

What is Reasonable Care?

Reasonable care refers to the level of caution and concern for others that a reasonable person would take in the same situation. For example, most people know that driving drunk is extremely dangerous not only for the driver but for other people on the road. So choosing to drive drunk shows a lack of reasonable care that greatly raises the risk of accidents and injuries.
What exactly constitutes “reasonable care” depends a lot on the specific circumstances. Leaving a banana peel on a kitchen floor could be negligent if people walk there barefoot. But leaving the same banana peel on a sidewalk might not be negligent if pedestrians are watching where they walk. Context matters in determining what reasonable care entails.

Proving Negligence

To successfully prove negligence in court, an injured person (the plaintiff) must establish four elements:
Duty – The defendant owed a legal duty to the plaintiff under the circumstances. For example, drivers have a duty to drive safely and avoid endangering others on the road.
Breach of Duty – The defendant failed to uphold that legal duty, demonstrating a lack of reasonable care. For instance, driving drunk would violate the duty to drive safely.
Causation – The plaintiff’s injuries were directly caused by the defendant’s negligent actions or inaction. So if a drunk driver hits another car, their drunk driving clearly caused the accident.
Damages – The plaintiff suffered actual harm or losses due to the defendant’s negligence. Medical bills, lost wages, pain and suffering could all qualify as damages.
If the plaintiff fails to adequately prove all four elements, their negligence claim will likely fail. The specific requirements to establish each element may also vary by state and type of accident. But fundamentally, these four pillars make up the foundation of any negligence case.

Common Examples of Negligence

Understanding negligence in the abstract is one thing. Seeing real-world examples helps bring the concept to life. Some of the most common situations involving negligence claims include:

Car Accidents

The careless actions of drivers account for over 90% of all motor vehicle crashes. Drunk driving, distracted driving, speeding, and reckless driving can all establish negligence if they result in a collision. Plaintiffs may be able to recover compensation from the at-fault driver’s auto insurance policy.

Slip & Fall Accidents

Property owners have a responsibility to maintain reasonably safe conditions to prevent slip and fall accidents. Failing to clean up spills, eliminate tripping hazards, or warn visitors of dangers could show negligence. Slip and fall victims can potentially sue for their medical bills, lost income, and other damages.

Medical Malpractice

Doctors, nurses, and other healthcare providers must meet accepted professional standards of medical care. Making an error in diagnosis/treatment, failing to identify issues, or delaying necessary care could constitute medical negligence. But medical malpractice claims require thorough investigation and often expert testimony to prove.

Defective Products

Manufacturers and distributors have a duty to ensure their products are reasonably safe when used properly by consumers. Producing defective products, failing to warn of risks or providing inadequate instructions could establish negligence. Getting compensation generally requires proving the specific product defect caused the plaintiff’s injury.

Nursing Home Abuse & Neglect

Nursing homes and assisted living facilities must adequately supervise residents and meet their basic needs. Failing to prevent falls, bedsores, dehydration or other physical/mental harms may show negligence. Families can potentially take legal action if negligent care leads to a loved one’s decline.
These examples represent just a fraction of possible negligence situations. Essentially any type of accident or injury caused by someone’s failure to act reasonably carefully could give rise to a negligence claim.

Common Defenses Against Negligence

In response to a negligence lawsuit, defendants may raise several arguments in their defense:

No Duty

The defendant will claim they had no legal duty under the circumstances to protect the plaintiff from harm. For instance, a property owner typically isn’t liable for injuries sustained on adjacent public property since they have no duty to maintain areas outside their land.

No Breach of Duty

The defendant will argue they exercised reasonable care and did not breach any duty owed to the plaintiff. So a driver who gets rear-ended through no fault of their own didn’t breach their duty to drive safely.

Lack of Causation

The defendant will contend something other than their conduct actually caused the plaintiff’s damages. So if someone falls due to a pre-existing medical condition rather than a slippery floor, causation can’t be established.

Plaintiff Was Negligent

The defendant may assert the plaintiff’s own negligent actions contributed to causing their injuries. For example, texting while driving could constitute negligence by a plaintiff injured in a crash. Most states apportion fault between negligent parties.

Assumption of Risk

Defendants sometimes claim plaintiffs assumed the risk of injury by voluntarily engaging in an inherently dangerous activity. For instance, an experienced mountain climber arguably assumes risks inherent in the sport like falling. But no one assumes risks created by someone else’s negligence. These defenses frequently come up in negligence lawsuits. Their viability often depends on case specifics. An experienced personal injury attorney can assess any negligence defenses and build counter arguments on the plaintiff’s behalf.

Seeking Compensation for Negligence

Sustaining preventable injuries due to someone else’s carelessness can negatively impact accident victims and families in countless ways. While holding negligent parties accountable won’t make up for the suffering, it can provide much-needed financial relief and peace of mind.
An in-depth investigation by a qualified personal injury lawyer helps determine who was at fault and whether negligence caused the accident. Collecting solid evidence to prove liability is crucial. Additionally, keeping detailed records of medical treatment, lost income and other monetary damages assists in seeking maximum compensation through settlement negotiations or jury awards at trial.
No one expects to get hurt due to another’s failure to act responsibly. But when negligence leads to serious harm, balancing the scales of justice through legal action empowers injured parties to move forward. With an experienced attorney as an ally, families can fight to recover damages so their loved one’s medical, rehabilitative and living needs are covered following an accident. Though money can’t undo damage or erase painful memories, it can help remove financial barriers to healing.