HOW BEING CARELESS CAN COST YOU IN THE EYES OF THE JUSTICE SYSTEM Personal injury law is an easy concept to grasp. It is a set of legal remedies in civil lawsuits brought about by wrongful conduct. It is a set of laws that tries to protect people from the actions - and inactions - of their peers, regardless of intent. One of the first things a lawyer needs to learn in personal injury law is the doctrine of negligence.
The Negligence Doctrine The doctrine of negligence expects every member of society to act responsibly and not cause anyone else harm. This doctrine does not go too far, though; just because someone got hurt does not mean that negligence was in play. The law recognizes that some accidents are unavoidable, and it is up to the plaintiff to prove that any sensible person would act differently from the defendant. The most common sources of personal injury lawsuits are drunk drivers, careless doctors, and pet owners that let their animals roam free.
Establishing Negligence The most difficult part of trying a tort case is not proving negligence; it is actually identifying the correct defendant. Simply chasing the person directly involved with the situation is not always the most fruitful endeavor plaintiffs can pursue, because other factors can indirectly cause the injury and the incident.
For example, a mechanic did not properly inspect a vehicle’s brakes, resulting in a collision later in the day. Though the mechanic was nowhere near the accident, the person’s actions – or rather inaction, made the brakes inoperable and the resulting crash inevitable.
Corporate Negligence Negligence is not limited to the physical actions of a person; it also extends to the actions and policies of entire companies towards its customers. Cases like this usually involve defective products that caused injuries. These claims can quickly become large class action lawsuits as more plaintiffs can join the movement as awareness of possible negligence rises.
Defending Negligence Beyond disproving negligence, there are few strategies available to defendants in a personal injury case. Some of the most reliable are arguments that plaintiffs “assumed the risks.� Attorneys commonly use this claim in cases involving inherently dangerous activities such as extreme sports, and handling exotic animals. Fighting the risk argument is tricky business, especially for non-lawyers. It is advisable to seek legal representation when it comes to injury law.
SOURCES: http://www.legalbrains.com/service/personal-injury-attorney/ http://www.law.cornell.edu/wex/tort https://www.caoc.org/?pg=facts