Negligence is a legal term used to describe the failure to uphold a duty of care that any reasonable person would uphold under normal circumstances. This concept is crucial to many cases form personal injury to some criminal cases. Keep reading to learn more about negligence.
Conduct and Duty of Care
Whether negligence occurs depends on the presence or lack thereof of moral conduct and the adherence to a duty of care. Rules, expectations, and guidelines may all fall under the umbrella term of duty of care. A duty of care can vary depending on the circumstances. For example, parents have a duty of care to provide for and love their children and teachers have a duty of care to educate their students according to established standards.
It is also important to note that a person could be negligent if they fail to act in a way that any reasonable person would in the same situation. For example, a cyclist gets clipped by a car but the motorist leaves the scene. Most people would stop and check on the cyclist because of moral obligation and common decency but the person who drives away is negligent.
Personal Injury
In a personal injury case, negligence is used to determine the liable party. Liability is essentially the legal obligation a person may have for their part in an accident. For example, a drunk driver is often held liable for causing damage or injury. Essentially, the liable party in a civil case is comparable to the guilty party in a criminal case.
A specific form of negligence, called premises liability involves property owners and visitors, customers, or guests. When a person owns property, they have an obligation to keep the premises safe for anyone who may visit for any reason. Homeowners must keep their home safe and up to code which means they must maintain the house and surrounding property and ensure that the structure itself can house inhabitants and visitors safely.
Business owners also have an obligation to keep the area safe. While a business may rent the building they are in, the person on the lease and any supervisor or manager on duty is responsible for upholding safety standards. For example, at a grocery store, employees must keep the aisles clean and clear of spills or debris.
Along with general responsibilities, property owners must also abide by safety guidelines and ensure that visitors are sufficiently deterred from entering hazardous areas. In extreme cases, this duty of care may involve closing off a part of the property due to construction, collapse, or other unsafe conditions. The most common duty of care may include simply putting a wet floor sign over a puddle.
If the owner fails to keep the premises safe and does not keep safety standards up to code or provide warning of hazardous conditions, they could be held liable for injuries that occur as a result.
Proving Negligence
Whether the case is civil or criminal, there exists a process for proving negligence. The first step is proving the existence of a duty of care. If the party accused of negligence did not have a duty of care, then negligence may not be a factor in the case. For example, if the accident took place outside of their property lines they had no duty of care.
The second issue in a negligence case is whether there was a breach of the duty of care. If a duty of care does exist, there must be proof that the property owner breached it in one way or another. For example, if there is a puddle in a grocery store aisle, the manager and employees should place a wet floor sign. If they do not do so and someone slips and falls, they have breached the duty of care.
There must also be proof that the plaintiff sustained an injury as a direct result of the negligence of the defendant. If the plaintiff sustained the injury before or after the accident, they cannot hold the property owner liable.
The Cost of Negligence
Negligence, if proven, can have costly consequences. Individuals who are found guilty of negligence could be ordered to pay for medical bills, property damage, and more. While civil cases do not have criminal punishments, damages can be very costly.
On the other hand, those hurt by negligence may be able to recover a significant portion of their losses so they can focus on recovery. However, it is not advisable to file a lawsuit without the help of a qualified and experienced attorney.
If you or a loved one has been hurt in an accident, contact Hester Law Group.