There are many different circumstances in which people can cause harm to others. Sometimes, people intentionally harm others out of malice. Other times, they are simply negligent. Negligence can lead to preventable injuries and losses.
Individuals and businesses may have a duty of care to other parties in a variety of circumstances. The failure to meet that duty of care could result in allegations of negligence. Either negligent behavior or misconduct, such as illegal activities, can provide grounds for people to file personal injury lawsuits. People who cause car crashes, doctors who engage in medical malpractice and businesses that release unsafe products could all face allegations of negligence.
Those seeking compensation through insurance claims or litigation typically need proof that their circumstances meet the legal definitions of negligence in order to hold the other party accountable for their losses. What constitutes negligence in scenarios in which people sustain injuries?
Negligence involves unsafe behavior
The standard for negligence in civil court proceedings is relatively straightforward. The attorney representing the plaintiff must show that the defendant either did something clearly unsafe or failed to do what was necessary for the safety of themselves and others.
For a situation to constitute actionable negligence, other reasonable people have to agree with the claim that the defendants did something inappropriate or chose not to do what was obviously necessary for safety. If other adults readily acknowledge that a situation was unsafe because of an individual’s actions or that specific conduct could have made the situation safer, the plaintiff may potentially have grounds for a negligence-based lawsuit.
Both personal injury lawsuits brought by an injured individual and wrongful death lawsuits initiated by survivors can begin with credible claims of negligence. Individuals and businesses can be negligent and may therefore be liable for situations that lead to losses for others. People can take action against other individuals for causing car crashes or businesses for failing to keep their facilities reasonably clean.
Discussing a situation that led to serious injury with a legal team may help people establish whether or not they may have grounds for a negligence-based personal injury lawsuit. When people or businesses engage in unsafe conduct or cut corners related to safety, they may have legal and financial responsibility for the consequences of their actions.