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Negligence
In Personal Injury Law,
negligence is the most
common basis for bringing a claim or lawsuit. The law requires
certain standards of behavior by individuals. When a person fails to
meet those standards by acting in a manner the law considers
unreasonable, that person may be guilty of negligence.
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In order to bring a lawsuit based on
negligence, the
plaintiff (injured party) must establish that the defendant
(offending party) had a legal duty to the plaintiff; the defendant
failed to meet the standard of reasonable
behavior associated with that duty; and the defendant's breach of that standard caused injury to the plaintiff.
Legal standards of behavior are based on what a
"reasonable person" would do under similar circumstances. This is
not the same as what an "average person" would do. For example, the
average person driving along a highway may drive over the posted
speed limit. If that person causes |
a car accident in doing so, he or
she has violated a statute and will undoubtedly bear legal
liability. The point is that a "reasonable person" would have obeyed
the safety law, even if the average person, traveling with the flow
of traffic, does not.
When it comes to those individuals who engage in
activities or jobs that require special knowledge or training
(doctors, lawyers, pilots, etc.) the standard of behavior is more
exacting. The standard expected
for duties relating to those activities or jobs is based on what a
"reasonable person" with the required knowledge and skill would or
would not do under the circumstances.
The concept of duty is very important. It constitutes
the heart of a valid personal injury claim. Without duty, the injury
suffered by an individual is of no legal significance. For example, if someone is
standing in the lobby of a building and is knocked down by another
individual who is rushing to catch an elevator, there is no basis
for a personal injury claim against the owner of the building. There
is no way a "reasonable" landlord could have foreseen and/or
prevented that person's injury. Of course, the rushing
elevator-catcher may be liable to the injured party for his
"unreasonable" behavior.
As a general rule, it is wise to seek legal advice
immediately after you suspect you’ve been injured as a result of
someone’s negligence, whether it’s
medical malpractice, a
car
accident, a slip and fall, a
dog bite, lead poisoning, a
defective
product, a work injury or
other types of cases. |
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Injury Hotlinesm and Personal Injury
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