Negligence is a fundamental concept in personal injury law. It often determines liability when someone is injured due to another’s careless or reckless actions. If you or a loved one has been injured in an accident, a Lima personal injury lawyer can help you prove the elements of negligence to recover potential compensation.
What is Negligence?
Negligence occurs when a person fails to exercise reasonable care, causing harm to others. In most personal injury cases, negligence is the legal basis for holding someone responsible for injuries and damages.
People are expected to behave in a manner that does not put others at an unreasonable risk of harm. They may be held legally accountable for breaching this duty and causing injury. For example, a driver who runs a red light and crashes into another vehicle may be considered negligent because they failed to follow traffic laws, endangering others.
What Are the Elements of Negligence?
You must establish four elements to prove negligence in a personal injury claim.
These elements are:
1. Duty of Care
You must demonstrate that the defendant, or person responsible for your accident, owed you a duty of care. This is a legal obligation to act reasonably and avoid actions that could foreseeably cause harm.
For example:
- Drivers have a duty to operate their vehicles safely and obey traffic laws.
- Property owners have a duty to maintain safe premises for visitors.
- Medical professionals have a duty to provide competent care to their patients.
A Lima personal injury lawyer can help you evaluate whether someone responsible for your injuries owed you a duty of care.
2. Breach of Duty
A breach of duty occurs when the defendant fails to uphold their duty of care. This could be through careless actions or failing to act when necessary. For example, a driver texting while driving has likely breached their duty of care. A store owner may also breach their duty of care if they fail to clean up a spill.
3. Causation
You must prove that the defendant’s breach of duty caused your injuries.
This is often divided into two types:
- Cause in fact: The injury would not have occurred if not for the defendant’s actions.
- Proximate cause: The injury was a foreseeable consequence of the defendant’s actions.
This element requires showing your injuries were a direct and foreseeable result of the negligence.
4. Damages
You must show that you suffered actual damages due to the defendant’s negligence.
Damages may include economic and non-economic damages, such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Emotional distress
You likely do not have a valid personal injury claim if there are no measurable damages after your accident.
Common Examples of Negligence in Personal Injury Cases
Negligence can occur in many forms.
Some of the most common scenarios that lead to personal injury claims in Lima include:
Car Accidents
Auto accident claims are among the most common personal injury cases involving negligence. Examples of negligent driving include speeding, texting while driving, driving under the influence of alcohol or drugs, or not obeying traffic signs and signals. A driver may be held liable for your injuries and damages if they fail to exercise caution and cause an accident.
Slip and Fall Accidents
Property owners have a duty to keep their premises safe. They may be held responsible if they fail to do so and someone gets injured. Common causes of slip and fall accidents include wet or slippery floors without warning signs, uneven sidewalks or pavement, poor stairwell lighting, or loose rugs or flooring. You may have grounds to pursue a premises liability claim against the property owner or manager after a slip and fall.
Medical Malpractice
Medical professionals are expected to provide a certain standard of care. Patients can suffer serious consequences when they fail to do so. Common examples of medical negligence include misdiagnosis or delayed diagnosis, surgical errors, medication errors, or failure to obtain informed consent. Proving medical malpractice often requires expert testimony to establish that the doctor’s actions deviated from accepted medical standards.
Workplace Accidents
Employers have a legal duty to provide a safe working environment. Negligence in the workplace can lead to serious injuries, such as falls from heights due to lack of safety equipment, exposure to hazardous chemicals, or defective machinery accidents. Workers’ compensation often covers workplace injuries, but some cases may involve third-party liability claims against manufacturers of defective equipment or negligent subcontractors.
Comparative Negligence and How It Affects Claims
You may share some level of fault for your accident. This makes it important to understand Ohio’s modified comparative negligence rule, which states that your total compensation may be reduced if you are found partially at fault for the accident. However, you cannot recover damages if you are found 51% or more at fault for the accident.
A court will assign a percentage of fault to each party, and your compensation will be reduced proportionally. This can directly impact your compensation in a personal injury claim, but an attorney can help you maximize potential compensation.
Injured By Someone Else’s Negligence? Contact a Lima Personal Injury Lawyer Today
Negligence is the foundation of most personal injury claims. Proving elements is essential for establishing liability for your damages. If you have suffered an injury due to someone else’s negligence, at Law Office of Michael J. Tremoulis, you can consult a personal injury lawyer who can help you understand your legal rights and options. If you have any questions, don’t hesitate to call us at (419) 404-4444. You may be entitled to recover compensation for medical expenses, lost wages, and pain and suffering.
