The law defines negligence as the failure to exercise the care that a reasonably prudent person would exercise in certain circumstances. Negligence is unintentional and caused by carelessness. The general principle surrounding negligence states that people should act and conduct themselves in a manner that takes into account potential harm that could be inflicted on another person. Negligence can occur in so many different scenarios that it would be impossible to list the nature of every kind of claim.  These types of cases include products liability, wrongful death, premises liability and medical malpractice just to name a few.  Incidents range from slips and falls to dog bites to faulty products to nursing home abuse.  In most legal cases, someone must be proved negligent for the plaintiff to receive compensation for damages. For the plaintiff to prove that negligence occurred, four elements must be present:

  • The defendant owes a duty of care to the plaintiff, or to the general public
  • The defendant violated this duty
  • Due to the defendant’s violation of the duty, person(s) suffered an injury
  • The injury was reasonably foreseeable given the defendant’s action or inaction
  •   If you believe that someone acted negligently and that the action resulted in harm to you, it is recommended that you consult with a liability attorney to protect your rights and seek compensation.  Because various factors must be proven, and there are several types of negligent actions, these cases can become complex once all the facts are brought to the surface.  Since negligence is a wide-ranging area of law, and is based primarily on facts and evidence, it is important to consult with a liability attorney to review the circumstances surrounding your claim.

    William B. Kilduff


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