How the law defines negligence

On Behalf of | Nov 9, 2020 | Firm News |

Personal injury cases generally involve a victim on one side and the negligent party on the other. The negligence can involve a reckless driver who causes a crash and severe injury, a manufacturer who knowingly creates a harmful product to buyers or a business or individual that did not provide a safe environment for visitors.

The details will vary, but the victim and their attorney must prove that someone carelessly caused them harm physically, emotionally and financially. And they were aware that their actions could cause harm to others.

5 elements of negligence

The personal injury case will include one or more elements of negligence:

  1. Duty: The negligent party had a responsibility to follow certain rules, such as traffic laws or keeping a retail space free from unmarked obstacles.
  2. Breach: This happens when the defendant does not perform their duties, such as a business not cleaning up spilled water.
  3. Actual causal: The spill on the floor causes a customer to slip and fall when they were walking down an aisle.
  4. Proximate causal: The negligent party should have foreseen that the spilled water would cause someone to slip and fall.
  5. Damages: This can be grave bodily harm, emotional duress or harm to personal property due to the defendant’s conduct.

Proof of injury is essential

Not only do the people get injured, but they must prove that the injury exists. More than that, it must be severe for the plaintiff to secure financial compensation. This can be for related medical expenses, loss of income during recovery, inability to earn a living at the same level after the injury, and pain and suffering caused by the injuries. These cases are often long and complex, with defendants and insurance companies disputing the injury or the damage’s severity.