What is negligence?
In its most simple definition, negligence means that someone was careless and as a result of being careless, someone else was injured. Negligence serves as the basis for a personal injury lawsuit. Negligence is any conduct that falls below the recognized standards of behavior established by law for the protection of others against unreasonable risks of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under the same or similar circumstances.
To establish negligence, a plaintiff (the person injured) must be able to prove or demonstrate in court that the defendant (the person being sued):
- owed a duty to the plaintiff,
- the defendant breached that duty by failing to conform to the required standard of conduct,
- the defendant’s negligent conduct was the cause of the harm to the plaintiff, and
- the plaintiff was, in fact, harmed or injured.
The driver of a tractor trailer truck hauling a large piece of machinery owes a duty to other drivers on the freeway to be careful. If the truck driver failed to strap down the machinery and it fell off the truck, landing on a passing car and injuring the driver of the car, a personal injury claim could be made based upon the negligence of the truck driver.
Additional Personal Injury FAQs
- What does the term "liable" mean?
- What does the term "reasonable person" mean?
- What does 'duty' mean in a lawsuit for injuries?
- What is contributory negligence?
- What is comparative negligence?
- What is the "assumption of the risk" doctrine?
- What does strict liability mean?
- What happens during a deposition?
- What is premises liability?
- What is a personal injury?
- How long do I have to file a personal injury claim?
- How do I know if I have a personal injury case?
- What is a personal injury case worth?
- Is there a minimum personal injury settlement amount?
- Are medical bills included in a bodily injury claim?
- How do I know if I need a personal injury attorney?
- What if my insurance company is not being fair in settling my personal injury claim?
- Do all personal injury claims go to trial?
- Do personal injury cases have statutes of limitations?
State specific Personal Injury FAQs
Personal Injury Sub-categories
Civil Mortgage Loan Fraud
Civil Stock Broker Fraud
Cruise Ship Injuries
Insurance Bad Faith Denial of Benefits
Slip and Fall