Proving Negligence For A Personal Injury Lawsuit - A Required Element For Recovery

Proving The Negligence

Each of the four requirements for negligence can be proven in very specific ways. Although the specific type of injury can impact the way that each aspect of negligence is demonstrated, in most cases the following things apply.

Responsibility of Care

Personal Injury Law

This is sometimes open to interpretation, so it is important to establish responsibility as clearly as possible. In cases like auto accidents where a driver ran a red light and an accident resulted, it will be fairly easy to establish that the driver failed to fulfill their responsibility towards the safety of others on the road. However, other cases are less clear. For example, if a homeowner has a fully fenced yard that contains a trampoline, are they responsible for keeping children from jumping over their fence to play on that trampoline? What if a child were to jump over the fence and break their leg on the trampoline? In such a case, the injured child's parents might try to show that the homeowner had responsibility of care, but it is considerably more challenging.

Failure to Take Action

For this part of a negligence case, it becomes important to consider how an ordinary person would have reacted to the situation that led to the injury. For example, any normal business owner would be aware that when their employees mop and wax the floor, leaving it slick and wet, that a "Caution Wet Floor" sign should be posted for visitors. If a sign is not placed where visitors can see it, the business owner will often be found negligent, since most people in that situation would have reacted by posting cautionary signage.

Res Ipsa Loquitur

Res Ipsa Loquitur is a common law legal concept used to established duty/breach (negligence). Latin for "the thing itself speaks," it allows negligence to be inferred from the circumstances even if the injury victim cannot demonstrate the specific negligent act that took place. For example, if you are rear ended in a car accident while at a red light, it is most likely that the person who rear ended you was negligent. You hardly need to show evidence of what they were doing inside their automobile. People don't generally rear end cars absent negligence. Lawyers have experience identifying this logic - so consult with one if you are hurt!

The Cause of the Injury

It is the responsibility of the plaintiff to demonstrate that the defendant's failure to take action caused them to be injured. There may be many clear cause and effect situations, especially in situations like auto accidents. For example, if a person is driving 20 miles over the speed limit and runs into another driver, the cause of the injury is clear. In other cases, it may be less obvious. This is particularly true in cases where a pre-existing injury may be involved. If the cause is not clear, a skilled auto accident attorney can find creative ways to strengthen their client's case.

The Monetary Damages

Negligence in Personal Injury Law

To be properly compensated in a negligence case, the injured person has to demonstrate monetary damages. The bulk of these damages are typically medical costs, which makes it fairly easy to arrive at a monetary figure. However, there may also be a number of non-medical costs. Time missed from work is a significant damage in many cases. A personal injury attorney can help you determine whether there are other monetary damages that can be included in your negligence case as well.