Negligence Legal Definition
Term negligence means carelessness or a breach of an obligation. Negligence is used in general language to mean someone was unreasonably sloppy in fulfilling some obligation. If someone is negligent in the eyes of the law, he could face a civil lawsuit or even criminal charges.
Negligence is failure to use reasonable care. The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances. A departure from what an ordinary reasonable member of the community would do in the same situation.
Many accidents are the end result of negligent behavior. When an accident occurs, it may be difficult to determine who was at fault. In cases where someone's negligence or recklessness causes harm to another, the negligent party may be liable for any damages incurred by the victim.
Most people know someone who is unable to work due to the negligence of an employer, business owner or individual. In critical injury cases, the person is left unable to work for the rest of their life. In minor injury cases, the extreme expense of doctors and missed work can add up quickly.
In order to succeed in a negligence case, the plaintiff, or person suing, must generally satisfy the court of the following four elements:
Duty of care - For example: a person who practices in a health profession owes the patient a duty. The duty of care involves applying skill, knowledge, diligence and caution when caring for patients.
Breach of standard of care - The standard of care is primarily determined by the general practice of the profession. The practitioner does not need to live up to the highest standards but rather the reasonable, accepted standards set for the profession.
Injury or loss - For negligence to occur, the patient must have experienced injury or loss of some kind due to the negligent act.
Causation, the causal link between the defendant's act and the injury or loss - The most common test is the "but for" test. That is, if the accident would not have occurred but for the defendant's negligence, then the conduct is the cause of the injury. There must be a clear direct connection between the negligent act and the harm caused to the plaintiff.
Negligence examples - Negligence can occur in many forms.
Medical Negligence Examples
- Misdiagnosis of a condition or failure to diagnose a condition;
- Improper treatment;
- Failure to treat or a delay in treatment;
- Failure to perform appropriate follow-up treatment;
- Prescription errors;
- Failing to provide important information to a patient or failure to get appropriate consent for a procedure;
- Leaving a foreign object in the body (such as surgical sponge or a medical tool);
- Nursing errors such as failing to following a doctor's orders for treatment.
Personal Negligence Examples
- Indifference to fixing a loose floorboard in your home and someone trips and breaks his leg while attending a party.
- Failure to provide reasonable security and protection around your swimming pool.
- Causing a vehicular accident clearly the result of inappropriate action or inaction.
Business/Professional Negligence Examples
- An improperly installed fixture falls on a person.
- Injuries resulting from failure to fix loose or protruding objects like nails or bolts that can rip open a person's flesh and the person needs to see a doctor.
- A company vehicle's back-up beeper doesn't work and the driver injures someone or something.
If someone is injured due to negligence of others it is best to seek help from lawyers who are specialized in negligence law (negligence lawyers).
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