What Is Negligence?
One of the most unfortunate occurrences of personal injury arises from negligence. Negligence is an accidental action – or lack of an action – which occurs when a person, persons, or company practice, does not follow a reasonable standard of conduct. Hypothetically, personal injury arising from negligence is entirely avoidable. When it occurs, the injured party may opt to sue for damages.
Whether you are suffering from personal injury caused by the negligence of another, or are being sued by a party who claims negligence, legal counsel is your best course of action.
Components Required for Negligence
There are certain components that must be present in order to claim that negligence was a primary cause of your personal injury case. These components include:
Reasonable Duty/Expectation – There must be a common standard of safety that is expected.
Example: a store that has recently had their floors mopped. The floors are still wet and slippery. The reasonable action of the store would be to prominently set out “DANGER – FLOOR SLIPPERY” signs until the moisture has evaporated.
A Breach of Duty – The party accused of negligence must be guilty of not adhering to the reasonable duty.
Example: A store with wet flooring neglects to warn customers that the floor is slippery. Whether intentional or not, they are negligent in carrying out their assumed duty.
Personal Injury – An injury must arise directly from the act of negligence. This responsibility may lie exclusively on one party – or be shared between the injured person and the negligent party.
Example 1: an elderly customer slips and falls on the wet floor, though she was walking slowly and carefully. (Store’s responsibility)
Example 2: A customer is running and jumping on the wet floor, though she is verbally warned not to. (Shared responsibility).
Damages to the Injured Party – After the slip and fall occurs in each of the above cases, damages must be incurred, whether physical, mental, or economical.
Example: Some examples of damages experienced could be: medical bills, loss of wages, loss of reputation, etc.
The above are generic examples meant to illustrate the basic components of negligence. Each case is different, and requires personalized legal counsel.
Examples of Negligence Each case of negligence varies by circumstance, since negligence requires that reasonable care was taken to avoid injuring another person or persons. However, some of the more common examples of negligence include:
- Defective Products
- Dangerous property
- Medical Malpractice
- Texting while driving
- Dangerous Workplace
- Professional Negligence
We Can Help!
If you or someone you love has experienced personal injury as a result of negligence, the attorneys at Trenti Law can provide necessary legal counsel and services. We represent each client to the fullest extent, and can help you in this difficult time.