We all understand the concept of duty. Parents have duties toward their children, children toward their parents, and spouses toward each other. When you take a job, you agree to undertake certain duties. While some duties are clear and obvious, others are less visible but equally important.
For example, everyone has a duty not to steal and owes that duty to others. Every driver owes other road users the duty of paying attention, keeping their vehicle under control, and avoiding accidents. Surgeons owe their patients the duty of performing their work with the expected skill of their profession. In general, we all owe each other the duty to act reasonably.
But what happens when someone breaks that duty and causes injury? Below, our Kennesaw personal injury lawyers explore the concept of negligence, highlighting legal standards and requirements for proof. If you were hurt in an incident that wasn’t your fault, call us at (678) 909-0770 today.
The four elements of negligence
Negligence occurs when someone fails to fulfill a duty and causes harm. However, to prove negligence in a personal injury case, the injured party must establish four key elements.
Duty of care
The defendant had a legal obligation to act in a way that would prevent harm to others. For example, a store owner must ensure their property is safe for customers.
Breach of duty
The defendant failed to meet that obligation. Texting while driving breaches a driver’s duty to operate the vehicle safely.
Causation
The breach of duty must directly cause the injury. Causation has two components:
- Actual cause (cause-in-fact): The harm would not have happened without the breach.
- Proximate cause: The harm was a foreseeable result of the breach.
Damages
The plaintiff must show they suffered measurable harm, such as medical expenses, lost wages, or pain and suffering.
Legal standards and proof requirements
Negligence claims must be proven by a preponderance of the evidence, meaning it is more likely than not that the defendant’s actions caused the harm. Evidence used to prove negligence includes accident reports, witness statements, photos of the scene, and expert testimony.
Types of negligence
Negligence can take different forms depending on the circumstances of the case:
- Comparative negligence: Georgia follows a system of modified comparative negligence. This means you can recover damages if you are less than 50% at fault, but your percentage of fault will reduce your compensation. You cannot recover damages if you are 50% or more at fault.
- Gross negligence: This involves extreme carelessness or reckless disregard for the safety of others, such as driving drunk.
- Vicarious liability: An employer can be held responsible for the negligent actions of their employee if those actions occurred during the course of employment.
Examples in personal injury law
Negligence arises in many personal injury cases. Some common examples include:
- A property owner failing to clean up a spill, leading to a slip-and-fall accident.
- A manufacturer producing a defective product that injures consumers.
- An employer failing to maintain safe working conditions, causing an employee to get hurt.
- A doctor misdiagnosing a condition or making a critical error during surgery.
Defenses to negligence claims
Defendants in personal injury cases may argue against claims of negligence using various defenses:
- Assumption of risk: The injured party voluntarily engaged in an activity they knew was risky.
- No duty owed: The defendant argues they had no legal obligation to the plaintiff.
- Intervening causes: The defendant claims an unrelated event caused the harm, breaking the chain of causation.
Think you might have a case? Call us.
Negligence is a failure to act responsibly, resulting in harm to others. By understanding the elements, types, and defenses involved, you can better navigate personal injury law. If someone’s negligence has caused you harm, you may have a right to seek compensation. Contact Piedmont Injury Law to discuss your case and learn more about how we can help.