The Shocking Truth About Negligence Law

shutterstock_217281247

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.

shutterstock_94598944

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.

shutterstock_217281247

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.