You may have heard the term negligence if you have been involved in a personal injury case of any type. Negligence is a big part of personal injury law. In order for someone to be found to be financially responsible for someone’s injury, it has to be proven that they were negligent and that negligence was directly connected to the injury. Here’s what negligence means in personal injury law.
Four Elements of Negligence
In order to prove negligence was present and caused an injury, you have to make sure that four elements exist. First, the person must have a duty of care, meaning that they can reasonably be held responsible for the incident. For example, a manager of a store has a duty of care to make sure that there are no slip or trip hazards in their store.
The second element is that the duty was breached, such as proper care not taken to clean up or mark a spill on the floor. Third, there has to be evident harm, such as a verifiable injury or property damage. Finally, in order for negligence to be present, the negligent actions must have caused the injury or damages.
Proving Negligence and Causation
In addition to proving that someone was negligent in their actions, you also have to prove that this negligence was the direct cause of the injuries sustained. This can sometimes be difficult to do, especially if there are multiple factors that led to the injury. In some cases, it may be determined that the negligent party is only partly responsible for the accident. In these cases, compensation might be adjusted accordingly.
If you have recently been in any kind of personal injury accident, it is important that you have an experienced attorney working for you to prove negligence and move your case forward. Contact us today for more information or to schedule your free consultation.