In personal injury lawsuits, negligence is one of the most common foundations that people use. To prove negligence, a lawyer must prove a few factors. He or she must prove that the defendant had a duty to the plaintiff, that he or she breached that duty, that there was causation and that there were serious damages due to negligence.
Negligence simply means that someone’s actions or inaction led to foreseeable damages. If someone would have been uninjured if not for someone else’s action, then this is negligence. Here are some examples to help define negligence.
Premises Liability Cases
Slip and fall accidents are some of the most common premises liability cases. For instance, say that a supermarket does not warn its customers of a wet floor. This negligent act can lead to serious injuries if someone were to fall and hurt himself or herself. In these cases, the supermarket may be liable for the injuries.
Vehicle Failure Cases
An accident may be caused by a manufacturer’s negligence. This occurs when there is defective equipment, such as airbags, seatbelts or tires. These malfunctions lead to accidents or serious injury that otherwise would not have happened.
Car Accident Cases
Car accident cases are often an example of negligence. Say that a driver was distracted with his or her phone or drove through a stoplight and wrecked into your car. His or her negligent actions are what caused the accident. In a car accident, if the driver is not abiding by the law or if he or she is distracted, then he or she is negligent and liable for your injuries.
Medical Malpractice Cases
When nurses or doctors are negligent and result in patient injury, this is medical malpractice. In order to establish negligence, a healthcare professional must violate the patient’s standard of care. If a patient suffers an injury, that injury must be avoidable. You have to prove that the injury would not have happened if it were not for the negligence of the doctor or nurse. These cases must also have significant damages. Personal injury lawsuits are costly. It has to make sense to file a lawsuit.
It’s important to understand the definition of negligence before you file a personal injury claim. Negligence is easy to understand as an individual or entity breaching their duty to another person and causing injury. Several personal injury cases have a foundation in negligence. To find out if you have suffered injuries due to someone else’s negligence, consult with a personal injury attorney.
Thanks to David & Philpot, PL for their insight into personal injury claims.