Accidents can happen for many reasons, at anytime, anywhere – some
resulting in lasting injuries and pain, and sadly, even death. There are
also several accident events that are caused by general negligence. This
means a person is injured through the carelessness of another person (or
These are just some examples of general negligence:
- Owning a pet who mauls, bites, or attacks an adult or child
- Failure of an amusement park company to inspect rides and safety restraints properly
- A wet floor in a restaurant or grocery store causing slip and fall hazards
- Failure to install playground equipment correctly
- A sporting venue not having proper bystander safety guards in place
- Not having a safe swimming pool set up and a child drowns
- A business or homeowner having an icy walkway or sidewalk
- Exposing others to hazardous chemicals and toxins
- A worker falls off the roof of a worksite because the foreman is not in
compliance with safety policies
- When an unsecured piece of furniture falls on a child at a daycare
- A business having an elevator that is not properly maintained
- Not training an employee properly on a piece of equipment which results
in an injury
FOUR ELEMENTS OF NEGLIGENCE
An injured person is eligible to receive compensation for injuries if negligent
behavior was the root of the injury. Compensation can be awarded for the
injury but also for property, pain and suffering and loss of income. It
may be obvious when negligence is present and the cause of a personal
injury, but in the hands of the law there are four elements that must
be proven to establish a case of negligence.
- Duty: A duty is simply a legal obligation. In order to be sued for Negligence,
the Defendant must have owed a duty to the Plaintiff.
- Breach: A breach is a violation of a law or duty. The Defendant must breach
his duty in order to be liable for negligence.
- Cause: The breach of duty must have caused harm to the Plaintiff.
- Harm: The Plaintiff must suffer harm in order to sue for negligence. If
he suffers no harm, he cannot sue.
If each of the four elements of negligence is not present, securing compensation
for an injury is impossible. This speaks true is you are filing a personal
injury insurance claim or a lawsuit.
TALK WITH AN ATTORNEY
Now that you have a better understanding of what general negligence is
and the four elements of negligence, it would be suggested to speak with
an experienced personal injury lawyer. You will want to do this before
you begin any negotiating with a claims adjuster. The attorneys at Wagner
Reese have more than 50 years of experience in representing people just
like you who have been through a difficult injury and accident experience.
When you hire one of our expert lawyers to represent you in your personal
injury or work accident claims caused by the negligence of others, we
will show the insurance companies you’re serious about receiving
the full and fair settlement or jury award to which you are entitled.