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Negligence

Negligence is a failure to use reasonable care that results in harm to another party. Under negligence law, there are two different forms of negligence. In one form, a person does something that a reasonable person would not do. In the other form a person fails to take action that a reasonable person would take to prevent harm. Both forms of negligence can result in a negligence lawsuit filed against the party responsible for the damage.

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Negligence Law

Negligence law states that a person or an organization is generally liable when they negligently injure others.

If the injured party can prove that the responsible party failed to exercise care that a reasonable party would have, or that, in the circumstances, the law requires for the protection of other persons or those interests of other persons, the injured party may be entitled to compensation. If an injured party has suffered due to negligent behavior, she has the right to be compensated for physical or emotional injury, harm to her property and/or financial status.

negligenceNegligence is a legal concept usually used to achieve compensation for accidents and injuries. Negligence is a type of tort or delict (a legal obligation between two or more parties even if there is no contract between those parties) and a civil wrong, but can also be used in criminal law. It can be divided into the following levels:

Ordinary negligence means the responsible party has shown a lack of ordinary diligence; Slight or less than ordinary negligence means the responsible party has shown a lack of great diligence; Gross negligence means the responsible party has shown a lack of even slight diligence.

Most negligent acts are unintentional but others are categorized as willful, wanton or reckless. As well, deliberate judgments that are dangerously careless, such as a faulty building design, could be considered an act of negligence.

If a defective product is deemed unreasonably dangerous (e.g. faulty seat belt buckles), the manufacturer may be liable, even though the faulty design was unintentional. However, there is no law upon the manufacturer to produce a product that is 'accident-proof.' The man ufacturer is required to make a product that is free from defective and unreasonably dangerous conditions.

Negligence Lawsuit

There are four important elements to a negligence lawsuit that must be proven:
  1. The defendant owed a duty, either to the plaintiff or to the general public
  2. The defendant violated that duty
  3. The defendant's violation of the duty resulted in harm to the plaintiff
  4. The plaintiff's injury was foreseeable by a reasonable person.
As an example, a car manufacturer has a duty to produce a car that is free from unreasonably dangerous defects. By producing a car with defective brakes, the manufacturer has violated that duty. Furthermore, it is foreseeable that a car with brakes that do not work properly will be involved in a car accident and people could be injured in that accident.

It is important to note that although the negligence must be a factor in the harm that was caused to the plaintiff, it does not need to be the only factor. In the above example, if the person driving the car with defective brakes was speeding and crashed with another vehicle, the person in that other vehicle could, potentially, sue both the driver of the car and the vehicle's manufacturer for the accident.

In a negligence action, resulting damages must be proved before recovering compensation.

Negligence Legal Help

If you or a loved one has suffered negligence causing personal injury, please click the link below to send your complaint to a lawyer to evaluate your claim at no cost or obligation.

Last updated on Apr-24-14

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READER COMMENTS

Posted by
Eileen harman
on
How can I gets negligence removed from mr employee record

Posted by
Anonymous
on
I would like everyone to know the truth about what happen to my son Jeremy Raymer. He did have a motorcycle wreck. What a lot of people do not know is that he should be alive. Jeremy use to race and knew what to do to protect himself. He tucked his head in because there wasn’t even a nick or scratch to helmet. After the wreck he got up and turned the bike off and walked approximately 200 yards to his great uncles house. Jeremy was complaining he couldn’t breathe and spitting up some blood. The injuries that could be seen where, he had road rash down the right side of his back, a torn calf muscle to his right leg and his right shoulder appeared to be hurting him. When the ambulance arrived, he was talking and got into the back of the ambulance by himself. Telling his wife he was, “So sorry!” the whole time.
I was waiting at the HCMC ER when the doors to the ambulance where opened. I walked around back and looked inside. One of Jeremys legs was folded half way up, laying sideways and the other leg was off the gurney with his foot on the floor. A male paramedic was at his head and looked up at me. I announced I was his mother and he yelled for the doors to be closed. I’m unsure of the time before the doors were opened again but when they unloaded him from the ambulanced he was wrapped up and had been incubated. {Later I learned, the paramedic paralyzed Jeremy so he could intubated him. That’s why he wasn’t moving in the ambulance! If only I had known! If only the paramedic had just waited or taken him into the ER!!!}
It seemed like forever before Dr. Minor finally came into the private room we were placed in and told us that, “He believed he had head trauma and internal injuries. He had stopped breathing in route.” I ask the doctor if the x-rays or scans that they had taken showed anything? His reply was, “We’re just trying to keep him alive!” … Life fight was coming in and taken him to Vanderbilt in Nashville.
As we waited again the police officer who was investigating the accident ask me what happen, he was fine at the scene and when he arrived at the ER and seen Jeremy just lying there with all the activity around him, he was also confused. Even the officer was somewhat baffled at what had happen. {That’s also why the wreck wasn’t listed in the PI for so long.}
Several minutes later we were allowed to see Jeremy before they loaded him into the helicopter. Again he was wrapped and had a tube in his mouth. We all kissed him and told him we were here as they took him away.
Once we arrived at Vanderbilt we were placed in another private room. There is where we found out the truth about what happen to Jeremy. The wreck caused a break to his right shoulder blade; right calf muscle needed stitches and a small tear in his liver that didn’t need any surgery, road rash on right back side and a small bite to his tongue. Every other part of Jeremys body was strong and healthy except for his brain now.
Plainly put Jeremy had brain damage due to being intubated improperly. The paramedic placed the breathing tube into his stomach and cut off his air supply. Which in turn caused his brain to start swelling? Oxygen deprived damage to the brain isn’t like head trauma damage. We couldn’t cut open his skull to relieve the pressure. All the doctors said the motorcycle wreck didn’t do this! It was because of what the paramedic did. He had gone an estimated 15 minutes without oxygen to the brain. That was the time from when the paramedic intubated him until when the doctor noticed the tube in the wrong place by x-ray.
Vanderbilt doctors done everything they could to say Jeremy but the damage was done and the swelling couldn’t be controlled. 7 days after the paramedic cut off Jeremys oxygen supply, Jeremy was pronounced Brain Dead.
Why did the paramedic intubate Jeremy? They said he stopped breathing or/and flat lined. That was a lie! I watched as the tube was removed from my son. His wife and I laid our heads on Jeremys chest and cried. His heart continued to beat. Ten minutes later, I rose up and caressed his face and watched as the color slowly draining from his face. It took over 20 minutes for his heart to stop beating. He was a young strong man, a great father and husband. He was my baby boy.
The paramedic done this to my son and Dr. Minor knew what had happened and also LIED. The HCMC was just trying to cover their ass and hoped the wreck had caused damage to Jeremy. Even Vanderbilt was highly upset with the conduct from HCMC. They told us that the nurse from HCMC stated to them {Vanderbilt} that Jeremy was posturing which was sign off stem damage to the brain. Jeremy was responding to pain, pupils where reactive and he was able to breathe on his on upon arrival to Vanderbilt. Jeremy never showed any signs of posturing. They scanned him from head to pelvic and the only serious damage was to his brain. There was no stem damage to the brain. There was global damage due to oxygen deprived damage only. The motorcycle wreck didn’t cause his death so please recognize this. It was the HCMC Paramedic!
Another thing is that Ridgeway Funeral Home had cause of death to be listed as UNKNOWN for the Paris Post Intelligencer but John at the PI took it upon himself to put the cause of death as motorcycle wreck. Just another person that just doesn’t give a crap about what the family has been going through. Wonder what he will post in the future?

Posted by
Anonymous
on
my best friend signifigant other of 16 yrs. was mia for a couple of days. i recieved a text from his room mate of almost 2 yrs,stating to call asap. i did. i was informed that my friend had a stroke. and was at hospital asking for me. when i asked about prior days events, roomate told me thatmy friend was left at home w his friends so called girlfriend.whom i dont really know all that well.and asked her to watch my friend while he went to work.as a result of stroke my friend is paralized on left side ,and he can not function in society if he had to. his thought process is completly wiped out.i pray over time it will get better. the roomate went to work for the day, leaving my friend under the watchful eye of girlfriend.his girlfriend told me that my friend was able to walk when he was under her care . but not calling ems until roomate returned home from work makes me believe that my signifigent others condition could have been avoided if they had gotten medical attention for my friend. i am very angry and feel very stronngly that gross negligence has been commited here. negligence? , i think so!

Posted by
Texas
on
The day of the surgery, I was treated very "rushed," as if I was one of a herd being routed through that day. For instance, I groggily mentioned something about the financial portion of the surgery AFTER already being placed under sedation and they dragged me up to the front office stumbling, running into walls, and not being the least bit coherent at all, because they were so worried about about a dollar! During the surgery, I groggily remember the oral surgeon being very rough removing a wisdom tooth, banging me around quite a bit and almost jerking me off the chair, and even cheering when he finally got it. Ever since that day, I have been unable to feel the entire left side of my mouth. They said, "Oh yeah, it was too deep. We had to sever a nerve." WHAT?! They made me sign a release, but I was told that this was absolutely an essential surgery and they refuse to do surgery on anyone without the release, just like virtually any doctor's office. That does not mean that they should be so crazy and careless! They ripped the wisdom tooth out, cut a nerve in half, and shoved me right out the door like I meant nothing to them but a paycheck. They know what they did, but they have failed to take any steps to follow up on what was wrong, instead dropping me like a leaf. They have not invited me back for a checkup a single time. I've had to go to other doctors for medication repeatedly because of this incident, and there is a very solid chance I'll never be able to feel the left half of my mouth and tongue again!! :(

Posted by
Kentucky
on
My mother and I spent 2 years in a nursing home from a car accident. She was only to be there 4 months...6 at most. There was both physical and mental abuse, medical neglect and malpractice, wrong medications given, fraud against insurance and government, lack of personal care, rotten and improper food, refusal to follow doctors orders...on food, medication and other things, improper or no scheduling of doctor's apointments caused orthopedic doctor to drop in middle of surgical procedure, drunk and drugged nurses and aids left in charge of care when they showed up for work, left laying in bed for months with no therapy...charging ins., contracted communicable lung disease they kept hidden and unannounced, and other problems, left in wet and poopy bed for endless hours, no fresh water for up to 24 hours, these are just a few of the nitemares.

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