The Shocking Truth About Negligence Law

Negligence

Negligence is the term used when there’s a failure to utilized reasonable care that caused injury to another party. There are two forms of negligence under the negligence law. The first form—an individual does something that a rational individual wouldn’t do. The second form—an individual is unable to take action that a rational individual would take to stop harm. Both negligence forms can cause a negligence case filed against the liable party.

Negligence Law

Negligence law says that an individual or an organization is liable when they carelessly harmed others.

If the harmed party can establish that the liable person failed to employ care that a rational person would have, or that the law calls for the protection of other individuals or those interests of other individuals, then the injured party could be entitled to payment. If an injured individual has suffered because of negligent behavior, then that person has the right to be reimbursed for emotional or physical injury, and harm to financial status or property.

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Negligence is a legal term used to get compensation for injuries and accidents. Negligence is a form of tort (a legal obligation between parties even though there’s no contract among those parties), as well as a civil wrong, but can be utilized in criminal law as well. It can be categorized into the following:

Ordinary negligence involves that the liable party has demonstrated a lack of ordinary diligence; Slight ordinary negligence indicates the liable party has demonstrated a lack of slight diligence; Gross negligence implies the liable party has demonstrated a lack of slight diligence.

The majority of negligent acts are accidental, but others are considered as reckless, malicious, or willful. Additionally, judgments that are riskily careless, like a defective building design, may be deemed as an act of negligence.

If a faulty product is deemed unjustly dangerous (defective seat belt buckles), then the manufacturer could be liable, even if the defective design was accidental. But there’s no law wherein the manufacturer is to make an “accident-proof” product. The manufacturer is obliged to create a product that’s free from faulty and unreasonably risky conditions.

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Negligence Case

The following are four vital elements to a negligence case that should be established:

  • The defendant owed a duty (to the plaintiff or general public)
  • The defendant breached that duty
  • The defendant’s breach caused the plaintiff’s injury
  • The injury to the plaintiff was foreseeable to a rational person.

For instance, a vehicle manufacturer has an important duty to make a vehicle that’s free from irrationally dangerous faults. By producing a vehicle with faulty brakes, the vehicle manufacturer has breached that duty. Also, it’s foreseeable that a vehicle with brakes that work improperly will be involved in an accident and people may be harmed in that accident.

It’s crucial to note that though the negligence should be a cause of the plaintiff’s injury, it doesn’t need to be the one factor. In the example above, if the individual driving the vehicle with faulty brakes was over speeding and collided with another car, the individual in that other car could, possibly, sue both the car driver and the manufacturer of the car for the accident.

 

When to Sue Nursing Homes for Negligence

It’s a hard decision to put someone you love in a nursing home, but sometimes, it is necessary. On the other hand, just because somebody has to be in such facility does not mean he or she needs to live in an abusive or depressing environment. If you loved one does have to live in a terrible nursing home, it is vital for you to know that there are options.

When Can You Sue a Nursing Home for Negligence? By All Law has some information about behaviours were in a nursing home abuse claim is applicable.

“What Behavior Can Lead To A Civil Lawsuit?

  • Failure to keep the premises reasonably safe and free of hazards (meaning dangers that the facility and its staff are aware of, and those they should be aware of through reasonable diligence). This includes everything from preventing slip and fall accidents to preventing one resident from attacking another.
  • Negligent hiring of an employee who ends up neglecting, abusing, or otherwise intentionally harming a patient. The failure to properly train and supervise employees may also come into play here.
  • Negligent supervision of residents who then fall, or otherwise injure themselves.
  • Failure to maintain adequate health and safety policies, including keeping clean and sanitary conditions in resident rooms and in common areas.
  • Failure to provide adequate medical treatment that is in line with the medical standard of care under the circumstances. When the provision of sub-standard medical care causes harm to a resident, there may be a case for medical malpractice against the nursing home facility and/or against a medical professional who treated the resident.”
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Nursing Home Abuse Claims by Find Law features a couple of civil actions against nursing homes. Here’s some:

“Proving Duty and Breach of Duty: A plaintiff suing a nursing home may need to offer expert medical testimony about what is or is not a proper practice, treatment or procedure in a given situation, unless the lack of care or skill by the nursing home is so apparent that the average person would comprehend it based on his or her common knowledge and experience. For instance, if a nursing home administrator is alleged to have failed to exercise care with respect to maintaining the nursing home facility, that issue will likely not require expert testimony, whereas a nurse’s treatment of a patient’s condition might.

Statutory Standard of Care: Many states have enacted statutes or regulations that establish certain minimum standards of care for private nursing homes. Even if a nursing home can show it complied with minimum licensing standards, however, it may still be liable for a resident’s injuries. For these reasons, it is important to have an attorney research the applicable standard of care, licensing requirements, and other regulations in your area.”

Learn more about nursing home abuse as well as how to file a claim by clicking here.

 

Why Education is the Best Weapon Against Drunk Driving in Texas

Texas has more deadly, alcohol-related vehicular accidents than any other US state. A method focused on punishment instead of education hasn’t been effective in reducing the numbers.

It’s commonly known that the said state has a problem with drunk drivers. Maybe it’s the old West approach, but seriously though, Texas requires serious changes so as to safeguard its citizens. Leading in the United States with accidents that involve alcohol causing deaths is something that has to change quickly.

Mothers Against Drunk Driving or MADD have been active in Texas for many years now. The organization seems unsatisfied with the regress made in the state. While the state has been a frontrunner in punishment, it obviously lacks the resources in the field of education, and that could be the most significant part of the fight.
There are two things educational movements can do: they put the problem before the public; and they help persuade young drivers (who are mostly at risk) that choices and consequences are there. A few of the more fruitful campaigns take in the “DWI You Can’t Afford It,” “Don’t Drink And Drive,” and “Friends Don’t Let Friends Drive Drunk.”

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Campaigns Against Drunk Driving

MADD’s most latest campaigns to fight drunk driving take in “Support Our Heroes,” a campaign concentrating on highlighting police officials imposing DWI laws, “Sober To Start,” which is a movement that requires high-tech additions to vehicles that stop drinking drivers from driving a car, and “Secure The Future,” which is a new approach that identifies and supports technological advances intended to detect a drinking driver early.

Some more new campaigns take in “Drinking Can Kill A Friendship” and “Friends Don’t Let Friends Ride Drunk.” As stated by the Advertising Council, 68% of U.S. citizens stated that they have attempted to stop somebody from driving after consuming alcohol. There’s little uncertainty that the movements are effective in safeguarding the public if funded properly.

Another originality by the National Highway Traffic Safety Administration (NHTSA) is named “Drive Sober or Get Pulled Over,” which is focusing on crackdowns over holidays involving numerous drinking drivers. Labor Day weekend, Fourth of July, and of course New Year’s produce numerous DWI arrests throughout the country. When correctly funded, these campaigns can certainly have an effect on the decision-making by the age group (18 to 25) most vulnerable to drinking after or while driving. When most Americans can state that they’ve tried to stop an intoxicated driver from driving, it’s safe to say that we’ve made great improvement in raising awareness to the public.

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Education, not Punishment is the Answer

Texas has introduced numerous programs to fight the DWI issue in the state, and a few such as the “No-Refusal Weekend” are very successful. The no-refusal DWI program deals with resources so that the law enforcement can get a warrant in obtaining blood samples of drivers who refuse the test. Before, it’s been hard for a law enforcement officer to get a warrant appropriate enough to be considered effective.

The no-refusal program has produced numerous recorded arrests and sentences across Texas. On the other hand, such arrests aren’t enough to stop drunk driving related accidents in Texas that could be fatal. The approach: “punishment first, education second” hasn’t produced the results required to make the community safer. Awareness and finance for campaigns like mentioned above are vital to the long-standing goal of decreasing drunk driving mishaps in the state.

There are numerous other alternatives for fighting drunk driving in Texas, and a few include modifications to the law concerning clubs and bars that serve alcoholic drinks for an income. Texas now has what’s known as “Dram Shop Law,” but it’s woefully insufficient to incentivize alcohol suppliers from over-serving customers. Modifying the Dram Shop Law makes it easier to blame clubs and bars for serving customers who are already clearly drunk would reduce unnecessary fatalities in the state.

Whether it’s media campaign, law changes in stopping drunks from driving or technological progresses that help stop drinking drivers, there’s little uncertainty that Texas requires to stress awareness to stop unnecessary deadly accidents involving alcohol.

What is Car Accident Law?

Car accident law talks about the legal procedures that determine who’s liable for the property and personal damage caused by a traffic collision. This field of the law includes the principles of neglect involved in this kind of personal injury case. Just like other instances wherein the law of negligence applies, car accident litigation is controlled almost exclusively by the state law.

Maintaining the Fundamental Four Elements

While nuances occur, vehicle accident victims in each state should ascertain the same fundamental four elements In order to recover reimbursement. These elements include duty, causation, breach, and harm. With regard to duty, vehicle drivers have a legal responsibility to comply with the rules of traffic and the road, as well as to reasonably operate their cars. This means maintaining control, driving safely, observing traffic signs, exercising awareness, utilizing headlights and blinkers, etc.
A duty’s existence is normally accepted without so much argument.

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However, the plaintiff will frequently be obligated to provide evidence that the offender breached that certain duty. Breach can be exposed through direct evidence, just like traffic surveillance video, eyewitness testimony, or a confession of fault. Otherwise, the plaintiff may have to make use of circumstantial evidence, like paint smudges, blood alcohol readings, or skid marks.

Burden of Proof

Just because the offender had a responsibility to operate his or her vehicle in a particular manner, and it’s proven that the defendant broke that responsibility, the court won’t assume those situations that caused the injuries of the plaintiff. Instead, the plaintiff should verify the aspect of causation. In vehicle accident claims, the process can be executed by means of medical testimony that demonstrates the injuries are in accordance to the nature of the collision and that they didn’t exist beforehand.

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Lastly, the plaintiff should prove harm. It does not matter how terrible the other driver’s behavior was during the incident, the plaintiff can’t bring a negligence case unless the behavior resulted to damage to the vehicle or person of the plaintiff. “Near miss” lawsuit won’t qualify. Once harm is proven, the plaintiff could be eligible to payment for pain and grief, lost wages, medical expenses, and many more.