Negligence
|
A cause of action for personal injuries, like claims arising from an individual sustaining injuries in a car or motorcycle accident or injuries arising from tripping or falling on the property belonging to another, are similar in that they all must be considered against a basic liability framework.
It is not enough to be injured, the injuries sustained, to be the basis of a personal injury action, must flow from the existence of a legally recognized duty or obligation which requires conformance with a standard of care established to avoid unreasonable risk of injury to others, and a breach or violation of that duty of care. When an existing duty of care is breached by another, it is often referred to as negligence. Negligence alone, however, will not support a claim for personal injuries sustained after someone breaches a legal duty of care. A casual connection must be established between the person’s conduct and the injuries sustained by the person seeking to pursue a claim. This connection is commonly referred to as “legal cause” or “proximate cause”. A final element of consideration in establishing a cause of action for personal injuries is injury itself. To be actionable, there must be an actual loss or damage suffered by the “injured party”. Absent an actual loss to the interests of the claimant, no action exists. |
Negligence and Premises Liability A person who suffers injury while on premises belonging to another is not automatically entitled to recover for the injuries suffered. In order for a property owner to be legally liable for the injuries, the injuries must have resulted from some negligence on the part of the property owner. If there existed some defect in the premises, for instance some foreign material or substance on the floor of a store that causes the floor to be slippery, which may provide for liability. The issue then is how long had the defective condition existed and was it unreasonable for the property owner not to have known about it and not to have taken some steps to warn visitors as to the defective condition. As a practical matter, if someone is injured on the premises of a property owner and believes that the injury causing fall was the result of some defect on the premises, i.e. a raised sidewalk, a pothole or some other trip hazard; if at all possible they should photograph the defect in order to establish its location and demonstrate its characteristics. It would also be prudent to speak with a personal injury attorney to discuss the facts and circumstances surrounding the injury causing fall.
|
Negligence and Motor Vehicle Accidents
Motor vehicle accidents are not uncommon and even when seeming to be apparently minor, they are often unsettling and can cause an increase in adrenaline. While someone involved in a motor vehicle accident may feel fine immediately following the accident, it is often the case that in the days following the accident the person who believed himself or herself to be unaffected by the accident starts to notice aches and pains that they did not have prior to the accident. Someone experiencing pain following an accident should have it checked out by a doctor in order to determine if they may have unknowingly suffered an injury as a result of the collision. Following a collision, if it can be accomplished safely, photographs of the damage sustained by both vehicles in the collision is often helpful if a claim for injuries is subsequently pursued. It may also be helpful to obtain photographs of the location of the accident if there is something about the location which may have played a role in the accident. Speaking with a personal injury attorney to discuss the facts and circumstances of the accident would be wise.
|