Negligence and Injury

Many cases of personal injury involve negligence of some sort, whether on the part of a person, business, or organization. While claims can be based on other causes, such as intended harm or strict liability, negligence is almost always present, at least in part, in a personal injury case.

What is negligence?

Negligence occurs when a person fails to act like an “ordinary, reasonable person” would have in a certain situation (i.e. the one that caused the injury). Of course, the terms “ordinary” and “reasonable” make negligence a rather broad term. What one may consider a reasonable reaction may be considered irresponsible or negligent by another. In a personal injury trial, the jury establishes negligence based on each party’s arguments and the evidence at hand.

Elements of negligence

For negligence to be proven, the case must satisfy four main elements: duty, breach, causation, and damages. First, the person being sued must have owed a duty to the other party, whether through a contract or general law. Next, he or she must have breached this duty, which in turn should have caused the injury. It must be proven that the injury was the result of the negligent act and not by other circumstances, such as hazards on the premises or a preexisting medical condition. Finally, the suing party must have sustained physical, emotional, or mental damages as a result of the injury.

Intentional and unintentional negligence

A person can breach his or her duty to another either accidentally or on purpose. This distinction is important because it defines the type of negligence committed, or whether it was committed at all. If a person simply fails to fulfill his obligations, the act is simply considered negligent. However, if the act was intentional or reckless—that is, the person knew the consequences of the act and did it anyway—he or she may be charged with gross negligence.

Damages and negligence

When negligence is proven, the injured party is entitled to damages—money paid to compensate for the losses and suffering caused by the act. Damages can be classified as general, special, and punitive. General damages refer to intangible suffering, such as fear and emotional distress. Special damages are those that are quantifiable, such as lost income. Punitive damages are awarded when the negligence is proven to be malicious or intentional.

This article is not intended as legal advice.

Learn more at The Barber Law Firm, Dallas, TX. Serving the Greater Dallas area.