In the case of personal injury lawsuits, negligence plays a key role. For a case to have merit, the plaintiff must prove the four elements of negligence were present to win the lawsuit. These four elements are duty, breach, causation, and damages. This standard of proof establishes harm done to the plaintiff. This also proves the actions carried out by the defendant are the cause of the plaintiff’s injuries. That is why it is recommended by the law offices of Brown & Gessell to contact a personal injury attorney immediately following an incident. This ensures sufficient time to do a thorough investigation into the accident and build a strong case in your defense.

To better understand the role of negligence in personal injury lawsuits, here are 5 examples that show how negligence can result in a personal injury.

Car Accidents

It is assumed all drivers on the road exercise reasonable care while driving to avoid harming other drivers, bikers, and pedestrians. When they fail to exercise this duty of care, they are in fact breaching their duty. If a breach results in injuries, it is considered negligence.

Dog Bites

In the event a dog bites or otherwise attacks someone, the dog’s owner(s) are sometimes liable for any injuries caused by the dog. A person who owns an animal that causes injuries to others is legally responsible for them. The law determines that the owner is responsible if their dog attacks or injures somebody without provocation. The owner may still be held liable even if the attack is a first-time occurrence. 

Slip and Fall Accidents

Slip and fall accidents (also known as premises liability) happen when an owner of a property fails to maintain the premises in such a way as to minimize the risk of injuries. Examples include slips and falls due to wet floors that are not marked clearly as a hazard zone. Slip and falls often occur in grocery stores, shopping malls, restaurants, and car dealerships. Premises liability can occur during any visit to a property that is not your own. 

Medical Malpractice

There are cases when healthcare providers fail to meet the medical standards of care for their patients. In these cases, their behavior is considered to be medical negligence. When medical negligence results in injuries, it is referred to as medical malpractice. Examples of medical malpractice may include:

  • Failure to diagnose on time and accurately
  • Errors during surgery or surgery that is not necessary
  • Prescribing the wrong medication
  • Failing to order needed tests
  • Not considering the patients’ health history when treating them.

Workplace Accidents

Although nobody expects to suffer an injury while on the job, these tend to be quite common. Unfortunately, the result can be temporary or permanent disability and the accompanying loss of income. If a workplace injury occurs, the employer may be held liable. Negligence on the job can include negligent training, negligent supervision, negligent hiring, and other negligent behaviors. In these cases, it is best to seek the advice of a lawyer to understand whether to file a workers’ compensation claim or other methods of recovering the compensation you deserve.