What is negligence?

Negligence is generally the failure of one person to take reasonable care in avoiding injuring another person. The law gives individuals harmed by the negligence of another a legal cause of action to recover damages by filing a lawsuit in court to seek monetary compensation or other relief. Proving negligence can be difficult, so for specific questions about negligence, consult with an experienced personal injury attorney.

When is an Act Considered Negligent?

Typically, there are four requirements for a lawsuit based on negligence:

• The negligent person had a duty to the person harmed;
• The person breached that duty by failing to act as a reasonably prudent person would have acted in similar circumstances;
• Their conduct was the cause of the harm;
• There was an actual and measurable injury to the victim.

The law defines duty depending on the circumstances and relationship of the parties, so the element is very fact specific. However, people generally have a duty to any party who can be injured by reckless or irresponsible behavior. For example, a driver has a duty to all other drivers and pedestrians to avoid causing them harm with the vehicle. Say a driver is on the phone texting while driving instead of paying attention, hits another car, and injures the other driver. An argument could be made that the texting driver is negligent because he had a duty to other drivers on the road, a reasonably prudent person would not take their eyes off the road when driving in order to text, and there was harm (the injured driver) that was a direct consequence of the texting driver’s actions.

Who Can be Sued for Negligence?

An action for negligence is not limited to just individuals who cause physical injury. Various people and entities can be sued under negligence for a variety of harms. For instance, a company or manufacturer can also be found negligent because a product they produced caused physical injuries or harmed property. In addition, a professional, such as an accountant, lawyer, or doctor, can be found negligent if malpractice on their part caused physical or financial harm to their clients or patients.

Getting Legal Help

Negligence is a complicated legal action. If you believe you have a claim for negligence, it is best to seek the advice of a qualified attorney with experience in negligence cases. An attorney can help you determine your legal rights and possible remedies available to you.