Unfortunately, wrongful injuries or death as a result of negligence occur every day in the United States. Recovering monetary damages is only the beginning of this often painful and complicated process, making enlisting the help of an experienced personal injury attorney essential. This blog is intended to help define negligence and should not be considered legal advice.
It is important to note that negligence is different from neglect in this article. Neglect describes a form of abuse where an individual fails to provide care for someone who cannot care for themselves.
Civil Negligence is defined as “failure as a reasonable person to act or provide reasonable care to someone, resulting in injury or damage.
There are four elements required to prove negligence:
| ELEMENT | DEFINITION | EXAMPLE |
| Duty | “The defendant owed a legal duty to the plaintiff under the circumstance.” | A doctor has a legal duty to their patients to provide competent medical care. It would be considered negligence if a doctor operates on the wrong patient because they misread the chart. |
| Breach of Duty | “The defendant breached the legal duty by failing to act in a certain way that a reasonably prudent person would do under similar circumstances. | Failure to clean up a spill OR put out a Wet Floor sign, resulting in a slip and fall accident and injury by a customer. |
| Causation | Did the defendant’s actions, or inactions cause injury | The defendant was texting while driving, hitting a pedestrian, and causing injury. |
| Damages | The court determines how the plaintiff is to be compensated for his or her injury. Monetary compensation for medical care or property damage can be awarded. |
Criminal Negligence is considered an act of recklessness through conduct. Criminal negligence is where a person ignores a blatant risk or disregards the safety and life of those around them. An example of criminal negligence is driving under the influence of drugs or alcohol that results in an accident. If in this instance a bystander was killed, the criminal negligence charge would be involuntary manslaughter. Criminal negligence claims are issued by the government.
Are you looking to seek justice following a personal injury or wrongful death of a loved one as a result of negligence? Hiring an experienced personal injury attorney who is not afraid to take your case in front of a jury is key. Contact the Law Offices of Reginald Keith Davis for your free consultation.
Call us @ (913)-299-8789