In order to be entitled to recover damages for injuries you have received or for damage to your vehicle or other property (where the damage or injury is not caused intentionally), the person responsible must have been “negligent”.
“Negligence” is the failure to do something which a reasonable careful person would do, or doing something which a reasonable careful person would not do. For instance, in a motor vehicle accident, speeding can be negligence. Failure to yield the right-or-way can be negligence, or failing to keep a proper lookout for cars on the roadway can also be negligence. Negligence is determined under the particular circumstances involved in each case. For example, a driver can be negligent while traveling the posted speed limit while it is raining, foggy and visibility is limited. On another day that is clear and sunny, the same driver is probably not negligent for traveling at the posted speed limit. The issue is how a reasonably careful person would act under those circumstances.
Another example would be how a commercial establishment maintains its property. Under the law, the establishment is responsible for damages due to injuries suffered on its premises if it was negligent (through its employees) in maintaining the property. For instance, if it fails to fix holes on its walkways or other areas where customers will be, or improperly stacks goods on shelves. Both of these could amount to negligence on the part of the owner or manager of the establishment.
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The concept of “negligence” generally forms the basis for the recovery of damages for injuries caused by a person or company. Whether any conduct amounts to negligence is based on “reasonableness under the circumstances”. This is true of car accidents, truck accidents, injuries on property, and the like.
If you are injured in an accident, (and the injuries were not intentionally caused) the party responsible for your injuries, in most cases, must have been negligent for you to recover damages. There are some exceptions to this rule, however. You should always consult an experienced attorney who can advise you of your rights. For additional information and resources, visit our website at payonklaw.com, or call us for a free consultation at 708-633-6005.
