In every scenario, the challenging part is proving that the defendant was negligent. Each person has their version of events, and you will not be compensated for personal injuries unless you can prove yours. A Fort Wayne personal injury attorney can help you prove negligence, so schedule an appointment today.
What is the tort of negligence?
The majority of accidents occur as a result of someone being careless. If the person’s carelessness falls below a legally recognized level, their behavior is considered “negligent,” and they are accountable for any damages produced by their negligent behavior.
In other words, negligence is the failure to exercise the necessary amount of care.
Here are some common examples of negligence:
- A doctor who performs surgery on the wrong portion of a patient’s body.
- A business owner who fails to wipe up a spilled drink promptly.
- A motorist who texts and drives
- A motorist who disregards a red ligh
Although negligence is a tort, it is not an intentional tort. The primary distinction between intentional torts and negligent torts is purpose. An intentional tort case contends that the defendant intentionally damaged the plaintiff. A negligence case claims that the defendant damaged the plaintiff just by being careless.
How do you prove negligence?
The plaintiff (the aggrieved person) must show three criteria to prove negligence:
- Duty
The plaintiff has to prove that the defendant breached their duty of care. A duty of care emerges when the law recognizes a link between the defendant and the plaintiff that demands the defendant to exercise a specific degree of care to prevent causing injury to the plaintiff.
- Breach
The plaintiff needs to prove that the defendant violated the duty of care. A breach ensues when the defendant fails to fulfill the appropriate standard of care.
- Causation
The plaintiff has to prove that the defendant’s breach of the standard of care caused their damage.
Establishing a duty of care
In most cases, the law requires persons to use “reasonable care” (sometimes known as “due care”) while committing activities that have the potential to damage others.
What exactly is reasonable care? A “reasonably prudent person” would apply the same or similar level of care in the same or similar scenario.
However, in some cases, the standard of care due is more precise than the broad responsibility to use reasonable care. In certain places, for example, premises liability rules require property owners to perform specified tasks for visitors (such as screening for unsafe situations before the guest arrives).