In the legal field, personal injury negligence is a term that refers to the failure of someone to act in a reasonable manner to prevent harm or injury to others. Negligence can include reckless behavior as well as a failure to act when one has a duty or obligation to do so.
For cases relating to personal injury, negligence is the backbone of proving whether or not a defendant is liable for the plaintiff’s harm, and how much (if any) compensation is available to the injured party. For a plaintiff to prevail in a personal injury claim or lawsuit, they must be able to establish that the defendant was negligent.
Proving a Negligence Case
To establish that a defendant was negligent and is legally obligated to compensate the injured party, there are four key elements of negligence that the plaintiff must prove:
- Duty of care: The first step in proving negligence is demonstrating that the defendant owed a duty of care to the plaintiff. The plaintiff has the burden of proving this. Depending on the jurisdiction and the situation, there are varying levels of duty.
For example, drivers have a general duty of care to everyone on the road, and property owners have a duty to keep their premises safe for visitors. However, a patron in a restaurant does not (usually) owe a duty of care to a fellow diner who is choking. - Breach of duty: Once a duty of care has been established, the next step is to demonstrate that the defendant breached that duty of care. This is done by showing that the person did not act the way that a reasonable person would under the same or similar circumstances.
The plaintiff must gather evidence to support this claim, including witness testimony, photos, videos, and other forms of proof. There are also legal concepts such as res ipsa loquitor, which can allow a court to infer negligence based on the circumstances (like a surgeon leaving an instrument inside of a patient). - Causation: Just because a plaintiff suffers harm does not automatically prove negligence. The plaintiff must also demonstrate that it was the defendants direct actions (or inaction) that caused the injury suffered.
- Damages: And finally, the plaintiff must show that they were actually hurt as a result of a defendant’s actions. The harm may be physical or emotional, with different types of evidence being required to establish each.
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Common Types of Cases Involving Negligence
Negligence is the backbone of personal injury claims, including the following:
- Car and truck accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Bus accidents
- Uber & Lyft driver accidents
- Slip and fall cases
- Dog bites and animal attacks
- Product liability
- Workplace injuries
- Construction accidents
- Medical malpractice
- Wrongful death
Negligence Per Se
In some cases, a plaintiff doesn’t have to prove all of the elements of negligence to establish that a defendant acted negligently. The concept of “negligence per se” means that the defendant can automatically be found liable for negligence simply by violating a rule or regulation that was designed to protect a certain class of people.
Traffic violations are a common example of negligence per se, including:
- Speeding
- Running a red
- Driving under the influence
Other statutory violations in different contexts can also constitute negligence per se. For example, a landlord failing to install a smoke detector or a building contractor failing to install a handrail on a stairway can prove negligence.
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The Eggshell Plaintiff Rule
Sometimes what would ordinarily be a minor injury can be exacerbated to catastrophic levels in certain people. For example, if you bump into someone on the sidewalk and the person stumbles, you probably wouldn’t expect them to be seriously injured. However, suppose this person has brittle bones or another condition and when they stumble, they break multiple bones in their body.
In a situation like this, the person who caused the individual to stumble would potentially be liable for all of the injuries, even those not reasonably foreseeable. This outcome is as a result of a legal doctrine called the “Eggshell Plaintiff” or “Thin Skull” rule.
The underlying theory of this legal doctrine is that the defendant takes the plaintiff “as they find them,” making defendants liable for the full extent of the injuries.
Strict Liability Cases
There are a few instances in which a party does not need to be negligent in a case to still owe the victim compensation. This concept is known as strict liability. While laws vary by state, two common examples of strict liability include dog bite cases and product liability cases.
In a dog bite case, a dog owner may do everything to prevent the dog from biting someone, yet the bite still occurred. The owner may not have been technically negligent, but they are still liable for the accident and owe the victim compensation.
The same theory holds true for many product liability incidents. A manufacturer may have all the checks in place to prevent dangerous product malfunctions, but they’re still liable when they occur.
Negligence Defenses
Just because someone is injured does not automatically make the other person at fault. There are several defenses that can be used to either limit a defendant’s liability or release the defendant of liability altogether.
Potential defenses to negligence include:
- Contributory negligence
- Comparative negligence
- Assumption of risk
- Consent
- Expired statute of limitations
- Government immunity
- Necessity
- Lack of duty owed
- No breach of duty
- No direct link to causation and harm
This list is not exhaustive, and a defense attorney (or insurance company) may look for any viable excuse to deny a claim. For this reason, it can be legally prudent to hire an attorney to represent you in a personal injury claim. It’s recommended to look for an attorney with ample experience in the specific area of an injury. For example, after a car accident, look for a car accident lawyer.
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Contact an Experienced Personal Injury Lawyer
Personal injury negligence is rarely easy to prove, especially in complex cases with multiple parties. A personal injury lawyer can be instrumental in establishing the elements of negligence and proving the extent of one’s injuries in order to recover maximum compensation. To learn more about how Accident Hotline can help, call (888) 340-7454 for a free consultation.
For a free consultation, call 888-340-7454