In most cases, the question of who is responsible for an injury or accident comes down to whether someone breached their duty of care by being careful or careless. Accidents can vary widely, with some being bizarre and difficult to imagine. Legal responsibility for accidents, from slip-and-falls to traffic incidents, often depends on addressing common-sense questions.
- Do the people who were involved in the accident show reasonable care?
- Has anyone acted in a careless way that led to the accident or injuries?
In the legal language, you can ask: “Was there negligence?” We’ll look at some of the elements of negligence and examples.
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The “Duty to Care” in Personal Injury Cases
In certain situations, whether a person is legally responsible for the injuries of another may depend on whether there was a “duty to care” under the circumstances. This element is usually met in a car crash by the fact, that anyone who drives a vehicle must act with caution and care at all times with respect to other road users. All drivers have a duty to care for other drivers, their passengers, motorcyclists and bicyclists as well as pedestrians. The duty of care is not always easy to establish in other types of personal injury cases.
What if, for example, the injured person was not expected to be at the location where the accident occurred? Sameer asked a question to the manager of his local supermarket. He knocked at the door to the back room of the supermarket, but nobody answered. Sameer entered the room despite it being marked “Employees only”. He was searching for someone when he tripped on a pile of pallets, fell and broke his wrist. The store would reject Sameer’s claim because it has no duty to protect customers that ignore signs saying “Employees Only”, and go to places they shouldn’t. Here, the store may only be liable for not acting recklessly or intentionally to cause an injury to a customer. It’s not reckless to keep pallets stacked in a storage room (it is a common supermarket practice). Sameer has no case against the store.
What is “reasonable” when it comes to negligence?
The basic rule of negligence states that “reasonable” care must be taken to prevent injury to others. However, this can change depending on the time, place, and relationship between the people. So, the same conduct could be considered negligent at one point but not another. Example 1: A softball field is being used by players. Someone who was standing at the edge watching the game is accidentally struck by a foul ball. The players did not act negligently because they were playing in a field and foul balls are a part of any game.
It is possible that the person sitting too close to the playing field, where the ball was flying about, was negligent. Example 2: A player in a softball match gets angry and accidentally hits a spectator who was sitting on the edge of field. Throwing a bat out of anger is not “reasonable”, and since the person who was watching the game had a legal right to be there. Therefore, the act is negligent, and the bat thrower would be responsible for any injuries.
The Keys to a Negligence case
No matter how the accident occurred, getting fair compensation for injuries is usually as simple as applying a few basic rules in plain language.
- In most cases, if you can prove that you were careful, but the other party was negligent, they will be responsible for your damages (including medical costs to treat your injuries, lost income and pain and suffering related to your injury). The chances of you receiving fair compensation are increased if someone’s insurance policy covers the accident.
- The employer may also be legally responsible if a negligent worker causes an accident at work (under the “vicarious responsibility” or “vicarious neglect” theory that we will cover in the following section).
- In most cases, if an accident occurs on dangerous property or due to a defective product the property owner or maker or seller is liable. This is true regardless of whether the property owner or maker/seller created the defect or danger.
- Comparative negligence is the term used to describe the amount of compensation you are entitled to if your negligence was the cause of the accident.
- It is not necessary to “prove”, but only to present a reasonable argument to show that the person at fault was negligent. This applies even if the person’s actions were careful.
What are the different types of negligence?
There are, in a way, different types of negligence. It might be better to say that negligence can sometimes be applied differently in personal injury cases. Here are some examples.
Ordinary Negligence
Normal negligence can be described as careless. For example, a driver turning right on a green light without considering the speed of a vehicle approaching him. Or, grocery store workers not noticing an accident in the dairy aisle before a customer falls.
Contributory Negligence and Comparative Negligence
Legal concepts such as comparative and contributory negligence apply when the injured person may share some fault in the accident or incident. Specifics will vary depending on the state’s rule. In a state that follows a “pure” comparative negligence, if a plaintiff is partially responsible for his or her own injuries, then the amount he or she can recover from the other parties at fault will be reduced in proportion to their share of blame. Find out more about shared fault in personal injury claims.
Vicarious Negligence
When a person’s negligence is passed to another (which can be a business or an individual), it is called vicarious negligence. In the above example of a store employee failing to clean up a spill in the dairy aisle within a reasonable time, the owner is vicariously liable.
Gross Negligence
Gross negligence is the level of fault which goes beyond carelessness and includes recklessness or an extreme disregard for others’ safety. A few hours of speeding over the limit would be negligent, but driving 80 miles an hour in a school area and causing an accident would be gross negligence.
What to do After an Injury or Accident
Understanding and applying personal injury laws can help you to navigate the claims process if you have been injured in an auto accident. Negotiating a fair settlement may be possible for those who are comfortable with the process. If you are unable to resolve the issue or need help managing your claim, it is wise to consult a lawyer. We at Bonardi & Uzdavinis LLP understand the complexities involved in personal injury claims, and we are here to assist you along the way. Our attorneys will assess your case, fight for your compensation, and protect your rights. We have the expertise and resources to effectively handle your claim, whether you need help negotiating with insurers or navigating legal processes.
Why Choose Bonardi & Uzdavinis LLP?
The outcome of your case can be significantly affected by the choice of personal injury lawyer. We at Bonardi & Uzdavinis LLP take the time to fully understand your situation and strive to get the best results possible for you. Our team is dedicated to providing expert legal advice and personalized attention. Contact Bonardi & Uzdavinis LLP to explore your options and discuss your case. Our experienced attorneys will take the stress of personal injury claims so that you can concentrate on what’s most important: your recovery.
Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
