Negligence is probably the most common cause of action in the majority of lawsuits we file. Negligence is basically another way of saying that those who cause the harm are just not paying attention when good sense requires that attention should be paid. Especially when heavy vehicles such as cars and trucks are involved, a moment’s inattention could cause a great deal of damage. People need to be aware of potential harm and think about protecting others from harm.
Proving a Negligence Claim
The elements that need to be established for a negligence claim are (1) the person accused of negligence had a duty to the injured party; (2) that duty was breached; and (3) an injury was caused by that breach. It seems simple, but applying each of these elements to the facts of a case and the relevant law can be very tricky. Was there really a duty? If so, was the duty really breached? How serious was the injury, and was it really caused by the breach? Just because an accident occurs does not necessarily mean that negligence was involved. One of the major issues in determining whether someone was negligent is deciding whether that person’s actions were reasonable or not. In the example of the wet floor, were the floors checked on a regular basis to ensure no wet spots? If so, perhaps there was no negligence even if someone did slip and fall, because it might be determined that the store had used reasonable precautions.
Automobile accidents are often the result of negligence. Nobody deliberately causes an auto accident, and yet there are thousands of auto accidents every year. No business wants to have customers slip on a wet floor and injure themselves, and yet it happens every day. We can’t avoid all accidents but we can avoid a lot of them with simple care and preparation. People are expected to perform their duty to look out for other people’s safety.
If you believe you were damaged because someone breached a duty to protect you, perhaps you may have a claim for negligence against that person or company. Speak with a personal injury attorney to find out your options.
What should I do if I am injured by someone’s negligence?
- Unless your accident was completely minor and you are sure you have no injuries, head straight for the nearest Emergency Room or your family doctor for examination.
- Get recommended treatment. Use your health insurance or auto policy medpay to pay. This ensures that you will not suffer damage to your credit score due to unpaid medical bills.
- Organize and prepare all relevant medical, police, damage and health records.
- Speak with an experienced Personal Injury Attorney to determine the best course of action.
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