The Concept of Negligence In A Personal Injury Case

A personal injury lawsuit provides someone that has been harmed, due to another person’s negligence, to get compensated for his or her injuries. Still, the injured party must show that the defendant was at-fault for the reported accident.

Does the evidence show that the allegedly responsible party failed to demonstrate the expected level of care?

Was that same party failing to do what is expected of a reasonable person in the moments leading up to the accident?

Alternately, was that same individual doing something that a reasonable person would avoid doing, during the moments before the accident?

Essential elements in a proof of negligence

The defendant had a duty of care towards the injured party. The law insists on evidence that the same duty of care had been imposed fairly. That is why the team defending a responsible driver might suggest that the plaintiff had exhibited the effects of a previous injury.

The defendant had willfully breached that recognized duty of care. For instance, prior to a car accident, the one driver might decide to disregard the command in a lighted traffic signal. That breach of duty might then cause the collision of 2 or more vehicles. Finally, the defendant’s breach of duty must have caused the injury that was sustained by the plaintiff. The law has added to that element by explaining how the cause and effect relationship needs to exist.

According to the law, the effect of the defendant’s actions, or lack of action must have been foreseeable.
For instance, parents of a teenage son or daughter are not expected to foresee every effort that their child might make to obtain the keys to the family’s car. For that reason, parents enjoy a limited obligation, if their child has an accident following the first attempt to seize the keys and engage in a joyride.

Once an unfortunate event such as that has happened, however, the parents/guardian would be expected to foresee the effect of their failure to keep the keys in a secure location. Consequently, if they failed to store the keys in a safe spot, and their child repeated the disruptive and dangerous activity, that parental pair or that guardian could be declared negligent.

Personal Injury Lawyer in Mississauga is of the view that a negligent party becomes responsible for any damage that might be caused by the accident that has resulted from that same party’s careless and neglectful attitude. In fact, the legal system has defined negligence as the demonstration of careless and neglectful behavior.

Defining careless and neglectful behavior

That is behavior that strays greatly from whatever actions might be expected from a reasonable person. In addition, it exhibits avoidance of an action that would be made by anyone viewed as a reasonable person.

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