Negligence is at the foundation of most personal injury claims. Whether you’ve been hurt in a car accident, a pedestrian accident, or another type of incident, proving that someone else was negligent is often the key to securing compensation. Below, we explain what legal negligence means, how it’s established, and why it matters for your personal injury case.

Negligence and Why Proving It Matters

In legal terms, negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. In simple terms, it means someone acted carelessly—or failed to act when they should have—and caused injury as a result.

But where did the idea of negligence come from? While the concept has existed in various forms for centuries, it gained prominence during the Industrial Revolution. As workplace injuries increased and technology created new risks, injured parties began seeking legal accountability. This shift laid the groundwork for the modern legal standard of negligence we rely on today in American personal injury law, even if the legal descriptions are slightly different between states.

Successfully proving negligence is essential to securing compensation for your injuries. It allows you to recover damages for medical bills, lost income, pain and suffering, and more. An experienced personal injury attorney from Morris Bart can help gather evidence, consult experts, and build a strong case on your behalf.

The Four Elements of Negligence

To recover compensation, you must prove that negligence occurred, who acted negligently, and the value of the damages they caused. To establish a negligence claim, you must prove the following four elements:

Duty of Care

The defendant owed you a legal duty to act with reasonable care. For example, drivers have a duty to follow traffic laws to ensure the safety of others on the road and operate in a way that would not cause injuries.

Breach of Duty

The next step in proving negligence is showing that the defendant breached their duty of care. This means they failed to act as a reasonable person would in the same situation. For example, a property owner who ignores a broken staircase may be violating their duty to maintain safe premises.

It’s important to note that not every accident results from negligence. If the defendant can demonstrate that they acted responsibly and met their legal obligations, a negligence claim may not succeed.

Causation

You must show that the breach of duty caused your injuries. Sometimes, even when a person breaches their duty of care, it does not cause an accident or injury. An example of this would be if a store fails to mop up a spill, but the injured person slipped because of their shoes. As such, shared fault may come into play in some cases.

Damages

Finally, you must show that the breach of duty caused you to suffer damages. In a personal injury case, you will usually need to provide medical records of injury and treatment. Other common types of harm include financial and emotional distress.

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Common Examples of Negligence in Personal Injury Cases

Negligence can manifest in various situations, including:

• Car Accidents: Distracted or impaired driving leading to collisions.
• Slip and Fall Incidents: Failing to address hazardous conditions like wet floors or uneven surfaces.
• Medical Malpractice: Healthcare professionals providing substandard care, resulting in patient harm.
• Product Liability: Manufacturers releasing defective products that cause injuries.
• Workplace Accidents: Employers neglecting safety protocols, leading to employee injuries.

Contributory Negligence vs. Comparative Negligence: How Shared Fault Affects Your Case

In some personal injury cases, more than one party may be responsible for the accident, including the victim. When this happens, legal doctrines like contributory negligence and comparative negligence come into play. These rules determine how a victim’s own actions may limit or even bar their ability to recover compensation for the accident.

Typically, a judge assigns a percentage of fault to each party involved. The amount of compensation you can recover will depend on your state’s laws and your share of the fault.

Pure Contributory Negligence

In states that follow the pure contributory negligence rule, an injured person cannot recover any compensation if they are even 1% at fault for the accident.

This is a strict standard, and only a few jurisdictions apply it including, Alabama, the District of Columbia, Maryland, North Carolina, and Virginia.

Under this rule, even a minor fault can completely bar recovery.

Pure Comparative Fault

In contrast, under pure comparative fault, an injured party can recover compensation regardless of their level of fault, even if they are 99% responsible for the accident. However, their recovery is reduced by their percentage of fault.

For example, if a victim is awarded $100,000 but found 25% at fault, they would receive $75,000. If found 99% at fault, they’d still recover $1,000.

States that use pure comparative fault include Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, and Washington.

Modified Approaches

Most states follow a modified comparative negligence rule, which limits recovery based on the plaintiff’s percentage of fault. There are two main types:

• 50% Bar Rule: Victims can recover damages only if they are at fault 49% or less. If they are 50% or more at fault, they cannot recover. States using the 50% rule include Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, South Carolina, South Dakota,Tennessee, Utah, and West Virginia.
• 51% Rule: This rule is very similar to the 50% rule, although it increases the cut-off by one percent. Victims can recover damages only if they are 50% or less at fault. Once they are 51% or more at fault, they lose the right to compensation. States using the 51% Rule include Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas, Vermont, Wisconsin, and Wyoming

In both cases, the plaintiff’s damages are reduced by their at-fault percentage.

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Types of Negligence

Negligence isn’t a one-size-fits-all concept. Depending on the facts of your personal injury case, different types of negligence may apply. This could include:

Gross Negligence

Gross negligence goes beyond ordinary carelessness. It involves a reckless disregard for the safety or well-being of others. For example, an employee who falls asleep on the job or operates heavy machinery while under the influence of drugs could be considered grossly negligent. This elevated form of negligence may result in additional penalties or damages.

Per Se Negligence

Negligence per se occurs when someone violates a law or regulation meant to protect others, and that violation directly causes harm. This often comes up in car accident cases—such as when a driver runs a red light or speeds in a school zone. In these situations, the violation itself may serve as sufficient proof of negligence.

Tort Negligence

In civil litigation, most personal injury claims fall under tort law, which addresses wrongful acts that cause harm. Some states refer to these cases as “tort negligence” to distinguish them from criminal or contractual issues. Whether it’s a slip and fall, a dog bite, or a car crash, tort negligence is the foundation for most personal injury lawsuits.

Strict Liability

In some cases, a party can be held responsible without having to prove negligence or fault. This is known as strict liability. It often applies in product liability cases, where a manufacturer may be liable for a defective or dangerous product, even if they didn’t act carelessly. For example, if you can prove your injuries were caused by a dangerous or faulty product, you may not have to prove the manufacturer acted negligently to recover compensation. Instead, you can hold them strictly liable.

Criminal Negligence

When someone’s careless actions rise to a level of extreme disregard, it may be considered criminal negligence. Many state statutes recognize criminal liability, such as failing to care for a vulnerable person, like a sick child, or ignoring an essential safety obligation. In these cases, a prosecutor may file criminal charges. In these situations, a prosecutor may pursue criminal charges. Separately, the victim or their family may also have the right to file a civil lawsuit with the help of a personal injury attorney to seek financial compensation.

Res Ipsa Loquitur (“The Thing Speaks for Itself”)

Sometimes, there’s no direct evidence of negligence, but the circumstances speak volumes. That’s where the legal doctrine of res ipsa loquitur comes into play. Translated from Latin as “the thing speaks for itself,” this principle allows the court to infer negligence based on the nature of the incident, even if the exact negligent act isn’t known.

A classic example often used in law school: a piano falls from an apartment window and injures someone on the street. While no one may know exactly what went wrong, it’s clear that pianos don’t fall from windows without someone failing in their duty of care. In such cases, res ipsa loquitur enables victims to pursue compensation despite the lack of specific evidence showing how negligence occurred. 

Get Help from a Personal Injury Lawyer at Morris Bart

If you’ve been injured due to someone else’s negligence, a personal injury attorney from Morris Bart can help you evaluate your case and explore your legal options. We offer free consultations and have convenient office locations across Louisiana, Mississippi, Alabama, and Arkansas.

Don’t wait to get the support you deserve. Our legal team is ready to review your case and help you pursue compensation from the at-fault party. Call us today at (800) 537-8185or fill out our online form to schedule your free case review today.

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