When you suspect that another person has caused you harm, you might have a legal course of action. It's smart to have a basic understanding of a few common legal concepts and few are more important to how a case is resolved than negligence. Read on to find out how negligence applies to civil torts and why proving it is so important.
The Three Elements of Negligence
Most people have heard about legal cases where the defendants clearly appeared to be in the wrong, yet they won the case. Chances are, the plaintiffs were unable to show that the other side was negligent. Negligence is not just about harm done, it must meet all three of the below elements of the law. If one is missing, the judge and jury have no legal way of awarding damages to the plaintiff. Those three elements of negligence are:
Exploring further, look at these examples of the three elements.
1. The Plaintiff Was Owed a Legal Duty to Use Reasonable Care
If you were shopping in a retail store, say a grocery store, the management of the store owes shoppers a duty of care. They must provide a safe environment for the customers by addressing concerns like wet floors, poor lighting in the parking lot, and not stacking the displays too high. When you are driving on the highway, the other driver owes you a duty of care to obey traffic laws, not drink and drive, and to avoid distractions.
2. The Defendant Acted or Failed to Act in a Manner Consistent With That of a Reasonable Person
The law presumes that reasonable people follow the laws of the road and other standards of care. Many businesses, municipalities, and individuals must obey certain rules. Physicians must obey their own standards of care when treating patients. The term reasonable is left up to interpretation and varies depending on the nature of the incident. You cannot be held to the same standards when giving CPR to a person in a restaurant as a doctor would, for example.
3. The Actions of the Defendant (or Lack of Them) Led Directly to the Plaintiff's Injuries
This is where a link must exist between the actions of a person or entity and the victim's injuries. If you slipped down in a store because of food on the floor, you can take action against the store. Even if another customer dropped a can of soda on the floor, part of ensuring the safety of customers is to keep a watch on hazards that can be prevented.
Speak to a personal injury lawyer to find out more about your options.
Share12 June 2019
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