Chances are, you have heard the term “negligence” even if you are not in the legal profession. In legal parlance, negligence is a term of art. It can mean different things based on the circumstance of the case. Because of this, it may be difficult to get a good grasp on what negligence looks like.
We are here to help you understand what negligence is and how it may impact your life. Take a closer look at negligence with us as we demonstrate the ins and outs of negligence in the law.
Negligence Defined
Negligence is a term of art used in personal injury cases. Personal injury cases are filed in civil court and can result in the payment of compensation, if the claim is successful. A personal injury lawyer can help you gather evidence, negotiate with insurance companies and even file your case in court if necessary.
But what is negligence and how does it factor into everyday situations?
The formal definition of negligence is the failure to use reasonable care, resulting in damage or injury to another. In this instance, “reasonable care” is defined as the degree of caution and concern for the safety of himself or others an ordinarily prudent and rational person would use in the circumstances – if a person is negligent, they didn’t exercise reasonable care. In summary, negligence occurs when someone acts without the care that a reasonable person would exercise in the same situation.
Examples of Negligence
While every case is different, there are some common examples of negligence that can help your understanding of this sometimes confusing concept:
- A store owner knows, or should know, that there is a spill on the floor but does nothing to clean up the spill or warn shoppers. A shopper slips on the spill and breaks their wrist. In this example, the store owner failed to exercise reasonable care when they became aware, or should have known, of the dangerous condition on their property.
- A landlord fails to provide adequate lighting in a common stairway. Due to the lack of proper lighting, a tenant falls down the stairs, injuring their back. This example illustrates the landlord’s failure to fix the lighting in the stairwell even though they were aware of the situation and its potential hazards.
- An employer fails to enforce safety regulations and protocols and, as a result, a worker is injured. This claim rests on the employer’s duty to provide a safe working environment and, if proven negligent, could expose them to liability.
Most negligence cases ask the questions:
- Did the defendant act with reasonable care?
- Did the defendant owe the plaintiff a duty of care?
- Did the plaintiff suffer harm or injury because of a breach of the duty of care owed them by the defendant?
To answer these questions, rely on a knowledgeable personal injury attorney in your state.
Damages in Negligence Claims
If your negligence claim is successful, you may be eligible for compensation. The type of compensation you may be entitled to depends on the circumstances of your case, but generally, these are the types of compensation you may receive:
- Pain and suffering
- Loss of consortium
- Loss of future earning capacity
- Medical expenses
- Funeral expenses
- Attorneys fees and costs
- Other types of monetary compensation
The amount of total damages you are awarded varies by case. For a full case evaluation including an estimate of the damages you may be entitled to, contact the experienced legal team at the Law Offices of Colby Lewis.
4 Types Of Negligence
There are also four different types of negligence. They are:
- Contributory negligence
- Comparative negligence
- Modified comparative negligence
- Gross negligence
- Vicarious negligence
Contributory negligence and comparative negligence are both examples of when both parties are partially at fault. In contributory negligence states, if the plaintiff is at all negligent, they are barred from filing a claim. In comparative negligence states, a jury decides the percentage of your fault and reduces the amount of damages awarded by that percent. Most states are comparative negligence states. Texas, however, is a modified comparative negligence state: this means you can sue for damages even if you are partially at fault, as long as your fault doesn’t exceed 50%. If your fault is 51% or more, you are barred from recovery of compensation.
Gross negligence occurs when the defendant acts with reckless disregard for the safety or lives of others to the point where it is a conscious choice. The courts will evaluate whether the defendant acted with “willful, wanton and reckless conduct” affecting the lives or property of another. A defendant who is found guilty of gross negligence will be liable for a higher amount of damages than someone who failed to exercise reasonable care.
Vicarious negligence, on the other hand, occurs when one party holds some responsibility for the unlawful actions of a third party. For example, an employer can be held liable for the negligence of its employees.
By understanding negligence, you can better assess the situation at issue and protect your interests. Negligence is a vital piece of the justice system’s protection of victims. If you’ve been injured, personal injury law can help make you whole again. Remember that whatever form your negligence claim takes, the experienced negligence attorneys at the Law Offices of Colby Lewis can help you recover damages.
Personal Injury Attorney Colby Lewis: Your Solution To Negligence Claims
When faced with a potential negligence claim, you need the expertise of a knowledgeable and experienced personal injury attorney. At the Law Offices of Colby Lewis, we understand the complexities of negligence in personal injury claims and can guide you from the beginning to the resolution of your claim. For a full case evaluation, we’re just a call or click away – contact the Law Offices of Colby Lewis for your negligence case today.
