What is Negligence?
Negligence is the failure to use a reasonable degree of care given the circumstances. The four elements of negligence are a duty owed to a plaintiff, a breach of that duty by the defendant, proximate cause, and injury or damage suffered by the plaintiff. It is essentially carelessness.
According to Black’s Law Dictionary, negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” As such, negligence refers to a failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. It forms the basis of many personal injury claims and lawsuits, where a plaintiff alleges that their injuries or damages were caused by the negligent actions or omissions of another party.
Key elements of negligence include:
- Duty of care: The legal obligation of an individual or entity to exercise reasonable care to avoid causing harm to others. This duty may arise from professional relationships, ownership of property, or other circumstances.
- Breach of duty: A failure to fulfill the duty of care by acting or failing to act in a way that deviates from what a reasonably prudent person would do.
- Causation: The link between the defendant’s breach of duty and the plaintiff’s injuries or damages. It must be shown that the defendant’s actions or omissions directly caused harm to the plaintiff.
- Damages: Actual harm or losses suffered by the plaintiff as a result of the defendant’s negligent conduct, which may include physical injuries, emotional distress, property damage, or financial losses.
Legal principles related to negligence aim to compensate injured parties for their losses and encourage individuals and businesses to act responsibly to prevent foreseeable harm. For example, if your landlord doesn’t fix a rickety set of steps you let him to, and you fall through the steps a week later, the landlord is negligent in his duty of care. Understanding the elements of negligence is essential in personal injury cases and other legal disputes where liability is based on the failure to exercise reasonable care under specific circumstance
More information about Negligence
Negligence Alleged in Lawsuit against City in Teen’s Death
In November 2009, a student was killed crossing the dangerous Luten Avenue outside Tottenville High School in Staten Island, New York, reports silive.com. Following the death of the straight-A student, the city installed traffic lights, concrete medians, and other safety devices along the street.
Her mother has filed a wrongful death suit against the NYDOT and the city alleging they failed to have the proper protection in place prior to her daughter’s death despite requests by public officials and the school’s principal for traffic signals. The senior high school student was crossing the street around 11:30 a.m. when a Nissan, which had stopped to allow her to cross, was rear-ended by another car, pushing it into the victim and pinning her under the rear-tire.
The victim underwent emergency surgery at Staten Island University Hospital, Ocean Breeze, but died six days later. Her mother contends her daughter did not receive proper medical treatment at the scene of the accident which resulted in her death. […]
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South Carolina Mother Files Lawsuit Over Fire That Killed Her Son
SCnow.com reports a Lamar, South Carolina mother has filed a lawsuit against several parties, including her landlord and an electric company, over her 11-year-old’s death in a fire two years ago when the family lived in a manufactured home.
The lawsuit claims the home was “sloppily, recklessly and dangerously electrically wired and uninhabitable” as the suit cites several electrical wiring errors. The lawsuit also claims gross negligence, negligent infliction of emotional distress and wrongful death. Knowledge of the electrical problems and the “defendants’ failure to exercise reasonable care and comply with the law” led to the child’s untimely death.
A fire investigator has testified the fire was a result of faulty wiring in the home’s stove.
The lawsuit alleges the landlord was aware of the electrical hazards and of other recurrent electrical problems at the home, […]
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Personal Injury Suit Filed In Dallas Cowboys Practice Facility Collapse
The Dallas Morning News reports a new lawsuit by a personal trainer has been filed against the Dallas Cowboys and other companies owned by Jerry Jones for negligence and conspiracy to hide design and construction flaws resulting in the collapse of the practice facility in 2009. Summit Structures LLC and Cover-All Building Systems, Inc. – companies in charge of designing and building the structure – are also being sued.
Gabriel Hicks suffered injuries to his back, neck, and shoulder when the facility collapsed and a beam fell on him causing him continued pain and the need for rehabilitation for back issues.
A National Institute of Standards and Technology report concluded Summit’s engineering errors contributed to the 86-foot–tall Irving collapse during a thunderstorm. The lawsuit claims that if reviews of the plans and calculations by outside engineers had been allowed by the Jones entities, the errors would have been found before the May 2, […]
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New Hampshire Woman Sues Hospital & Doctors for $5 Million
A woman formerly from New Hampshire is suing two doctors and St. Joseph’s Hospital in Nashua for $5 million alleging they failed to diagnose and treat her bacterial meningitis which left her permanently disabled, reports The Telegraph.
On January 10, 2008, the woman went to the emergency room after suffering for three days with vomiting, headache and fever. She was treated for an ear infection and sent home. With worsening symptoms, she returned to the hospital two days later. The second time she also had hearing loss, altered mental state, and difficulties walking. Her lawsuit states even though a CT scan and other tests suggested something serious was wrong, the doctor diagnosed her with stress and a sinus infection and sent her home.
She returned to the hospital two more times before she was given a spinal tap which showed she was suffering from two life-threatening conditions. […]
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$20 Million Personal Injury Settlement Sets Records
Freak accident leaves girl permanently injured, distribution company at fault
In what court officials say is the largest settlement in Outagamie County, WI court history, The Post Crescent reports the family of a 4½ year old girl will receive a $20 million settlement.
It was a minor crash, a freak accident, but it caused severe and permanent injuries to the little girl. In October 2008, a truck driven by a New London well-drilling company ran a red light and crashed into the van in which the little girl was riding. When the driver used the brakes before hitting the van, several pipes fell from the pipe rack and one smashed through a window in the van, striking the girl in the head.
She is now suffering from blindness, traumatic epilepsy and is functioning on the level of a two-year-old. She will need 24-hour care the rest of her life. […]
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