Chicago Personal Injury Lawyer - Article

The Legal Concept of Negligence

Negligence is a legal concept which helps courts determine whether an individual or entity ought to be held liable for causing injury, property damage, or death. Successful personal injury lawsuits are often dependent on proving that the defendant was negligent. Without adequate proof that a defendant acted carelessly and unreasonably under the law, both personal injury and medical malpractice lawsuits are likely to go nowhere.

Three Components of Negligence

Proving negligence in court requires the demonstration and fulfillment of three criteria:

• First, that the defendant was in a position where he or she knew or should have known that a safety hazard, health hazard, or other risk was present. A homeowner, for example, ought to have known that her front step was dangerously rotted.
• Second, that the defendant failed to act in a reasonable manner to remedy the problem or remove the hazard. A reasonable homeowner might be expected to repair or replace the dangerous step.
• Third, that the defendant’s failure to take reasonable action led directly to the plaintiff’s injuries. A neighbor who breaks his ankle on the homeowner’s faulty step may be able to hold her liable for his injuries in court.

The three components of negligence are interconnected and indispensible. Without any one of these components, a finding of negligence is not possible. Two points bear additional mention:

First, the legal notion of a “reasonable person” should not be confused with the idea of a “normal” or “average person.” Even if a numerical majority of people would not have acted “reasonably” under a set of circumstances, reasonable conduct is still expected of all people under the law.

Secondly, proving direct cause is vitally important. Even if a defendant was grossly negligent and presented a safety hazard, he or she is not responsible unless the plaintiff can prove a definitive and direct causal link between the presence of the safety hazard and his or injuries.

Bringing a personal injury case to court is not always an easy matter. Let the Chicago personal injury lawyers of Friedman & Bonebrake, P.C. help you. Call them at 312-466-8200 today to learn more.