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Understanding Negligence

Negligence occurs when an individual fails to act according to certain behavioral standards. Citizens from all walks of life and every occupation are obligated to abide by reasonable standards to protect themselves and others. However, when these standards are not met and personal injury results, it is considered negligence, and may be punishable by law. For instance, if a storeowner fails to display a sign warning customers of a wet or slippery floor, and a customer falls and is injured, the storeowner may be held liable for the slip and fall accident.

In order to prove that an injury resulted from another’s negligence, the plaintiff must be able to show that injuries or damage was caused by a breach of duty. You may have a case if:

The Reasonable Person

When determining whether or not an individual acted negligently, their actions are considered based on what a reasonable adult would do in a given situation. It is important to realize that the standards for a “reasonable” person may differ from those of the “average” person. The standards for a reasonable person are more objective and based on the community’s judgment of how a person should act, while those of the average person are based on how a typical person might act. What the average person might have done in a situation is not relevant in court. For instance, if several people leave a party intoxicated and each one gets behind the wheel of their car to drive home, their actions might be considered average (since everyone participated); however, they are not acting reasonably, so that argument would not be valid in a car accident case.

Professional Negligence

Professionals such as doctors, lawyers, and other individuals with specialized training may be liable for negligence if they do not adhere to certain standards of behavior. For instance, a physician that prescribes the wrong medication is considered negligent because a reasonable individual would have caught the mistake. This means that he or she can be held liable for medical malpractice. In the legal system there is no leniency for beginners or individuals lacking experience. Anyone engaging in an activity or profession can be held liable if his or her actions cause personal injury.

Mental or Emotional Capacity

When determining whether or not an individual acted within reason, the person’s actions alone are taken into account. This means that the mental and emotional capacity of the individual is not considered. Therefore, while an individual may have a bad memory or was in emotional turmoil at the time of the incident, this cannot be used as an excuse for their actions. Similarly, intoxication cannot be used as an excuse for negligence.

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Proving Negligence

In order to prove negligence in a lawsuit, the plaintiff can use expert witness testimony, circumstantial evidence, and federal and state statutes. However, the plaintiff must show that:

Federal and State Statutes as Proof of Negligence

If the plaintiff can prove that the defendant disobeyed a federal or state statute, that may be enough to warrant automatic conviction. However, in some cases, where a reasonable person would have broken the law in the same way, disobeying a statute may not constitute negligence. For instance, if the injury occurred as a means of self-defense or protecting another individual from harm.

Negligence and Duty

While people have a duty to protect others from harm, the law limits the duty owed by one person to another. For example, if an individual suffers a personal injury after trespassing onto another’s property, they will not be able to claim a standard of care that is as high as those who are invited onto a person’s property.

People are also not required to assist those in need. Yet, if an individual takes on the duty, he or she must provide a reasonable standard of care. This means that if, for instance, an individual chooses to perform the Heimlich maneuver, he or she must perform the procedure correctly or face the consequences for any personal injury that results.

Pre-existing Relationships and Duty

If a pre-existing relationship is in place, a duty may already exist. For instance, an employer has a duty to protect an employee from personal injury on the job.

Negligence and the Assumption of Risk

An individual may voluntarily assume the risks associated with another’s negligence. For instance, by signing a consent form to participate in an activity, the participant waives the host’s liability in the event of a personal injury. Even if there is no contract, there may be a warning sign to demonstrate the implied assumption of risk. If an individual chooses to participate despite the warning, it can be assumed that the individual considered the risk worth taking.

If you have been a victim of negligence, contact a personal injury lawyer near you. A lawyer can help you understand the law and build your case.

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