6 Real World Examples of Negligence in a Personal Injury Claim

6 Real World Examples of Negligence in a Personal Injury Claim

Negligence is a legal term used to describe someone who has failed to take reasonable care in a situation, causing harm to another person. In personal injury law, negligence is often the basis for liability. Meaning that if someone is injured due to another person’s negligence, they may be able to bring a personal injury claim against the negligent party with the help of an experienced West Virginia personal injury lawyer.

For negligence to be established, four elements must be present: duty of care, breach of duty, causation, and damages.

  • Duty of care is the legal mandate to take reasonable care to avoid harming others. This duty is determined by the relationship between the parties involved.
  • Breach of duty happens when the person who owed the duty of care fails to meet the standard of care. In other words, they fail to take the precautions that a reasonable person would have taken in the same situation.
  • Causation is when the breach of duty leads to the victim’s injuries. This can be difficult to prove, as there must be a direct link between the breach of duty and the victim’s injuries.
  • Finally, damages refer to the losses that the victim has suffered as a result of their injuries. These can include medical bills, lost wages, and pain and suffering.

When these elements are present, an individual may be liable for negligence. While it may seem like a technical legal term, negligence can significantly impact personal injury cases. Understanding how negligence works can help injured individuals determine whether they have a valid claim against another party.

Real World Examples of Negligence in Personal Injury Case

There are countless examples of negligence that can result in personal injury. To better understand how negligence works in the context of personal injury law, consider some real-world examples:

Slip and Falls

Home and business owners have a duty to maintain their property in a reasonably safe condition. This duty extends to both the interior and exterior of the property, as well as any common areas that are under the owner’s control. If a property owner fails to maintain their property adequately, and someone is injured as a result, the owner may be held liable for negligence. In a slip and fall accident, the plaintiff might argue that the property owner was negligent if they failed to:

  • Fix a broken step
  • Shovel snow or ice
  • Repair a hole in the ground
  • Clean up a spill
  • Repair broken steps or handrails
  • Clear away snow and ice promptly
  • Properly secure loose cables or wires.

In each of these cases, the property owner knew or should have known about the danger but did not take action to fix it. As such, they may be held responsible if someone is injured due to their negligence.

Medical Malpractice

All medical professionals are legally obliged to uphold a specific level of care for their patients. If they fail to do so and someone is injured or dies as a result, they may be held liable for negligence.

There are a few different ways that medical professionals can be negligent. Some common examples include:

  • Misdiagnosing a condition
  • Failing to treat a condition properly
  • Performing a procedure incorrectly
  • Discharging a patient too early
  • Prescribing the wrong medication

In each of these cases, the medical professional breached the duty of care that they owed to their patient. Because of that, they may be held liable if their negligence resulted in injury or death.

Defective Products

Whenever a product is put on the market, its manufacturer is responsible for ensuring that it is safe for consumers. This means thoroughly testing the product and clearly labeling any potential risks. If a manufacturer fails to do this and a consumer is injured or suffers damages as a result, the manufacturer can be held liable for negligence. This is known as a defective product case. To succeed in such a case, the plaintiff must show that a defect in the product caused the injury and that the manufacturer knew or should have known about this defect. If these elements can be proven, the plaintiff may be able to recover damages for medical expenses, lost wages, and pain and suffering.

Car Accidents

Auto wrecks are among the most common types of personal injury cases. Often, one driver will be found to be at fault for the accident due to their careless or reckless driving. If this happens and another road user is injured as a result, the at-fault driver may be held liable for negligence. Some common examples of negligent driving include:

  • Speeding
  • Tailgating
  • Running a red light
  • Making an illegal turn
  • Failing to yield the right of way

If the victim can prove that negligence caused the accident, they may be entitled to compensation for costs incurred, like lost wages, medical costs, and other damages.

Dog Bites

Dog owners are required to keep their pets under control at all times. If a dog attacks someone and causes injuries, the dog’s owner may be held liable for negligence. In Arizona, dog owners are strictly liable for any injuries their dog causes, regardless of whether the victim knew or should have known that the dog was dangerous. This means the plaintiff does not need to prove that the dog’s owner was negligent to recover damages.

How a Personal Injury Lawyer Can Help

Establishing negligence and proving fault can be complex. Defendants will often try to avoid liability by claiming that the plaintiff was at fault or that the accident was not their fault. A seasoned lawyer will be able to investigate your case, gather evidence, and build a strong argument on your behalf. If you’ve sustained injuries or damages and believe that someone else is to blame, speak with a Personal Injury Attorney from The Miley Legal Group as soon as possible.

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