Negligence occurs when a victim is injured because of another’s negligent action, misconduct, or failure to act. Sometimes, negligence is defined as the doing of something that a reasonably prudent person would not do under similar circumstances.
A relative term:
Negligence is a relative term that depends on the facts and circumstances in each specific case. An acceptable act or omission in one case may be considered negligent in another. Different defendants may be held to different standards of care, based on level of knowledge and risk involved.
Generally, negligence is a dominant cause of action that is the basis for:
- personal injury;
- wrongful death;
- slip and fall;
- dog bite; or
- other accident suits.
The elements explained:
There are four essential elements that a Plaintiff must prove in a negligence case:
- 1. Duty;
- 2. Breach of Duty;
- 3. Causation; and
- 4. Damages.
Specifically, a claimant must first demonstrate that the defendant owed a duty, or obligation, requiring the defendant to conform to a certain standard of conduct, for the protection of others against unreasonable risks. Second, the claimant must establish that the defendant failed to conform to that duty. Third, there must be a reasonably close causal connection between the misconduct and the resulting injury to the claimant. Lastly, the claimant must demonstrate some actual harm or injury. (Williams v. Davis, 974 So. 2d 1052 (Fla. 2007))
Negligent misconduct, alone, without the other elements, is not enough to bring a cause of action. Proof of all four elements is necessary to recover damages.
Public policy behind negligence aims to allow members of society to live in peace and safety. People who act in a manner likely to injure another should be held accountable for the reasonably foreseeable consequences of their negligent conduct, if they actually damage another.
Keep in mind that in Florida, fault for negligence may be apportioned to more than one defendant or may even be shared by the plaintiff. Comparative negligence may even reduce a plaintiff’s recovery.
Please consult an experienced accident attorney when seeking representation in a negligence action. The facts and circumstances of each case are individual and distinct. A skilled, experienced attorney is essential in obtaining a fair award to compensate for a victim’s injuries. Feel free to contact me, Jeffrey Meldon, online or by phone at 800 373 8000 for a free consultation.
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We at Meldon Law strongly believe that public education is the first step in the prevention of an accident or in the recovery from one.
We are experienced personal injury attorneys, trial lawyers, negotiators, litigators, paralegals, and staff that have been proudly working to get accident victims the justice they deserve for over 40 years in Gainesville, Ocala, Lake City, Inverness, and the rest of North Central Florida and North Florida. Accidents involving a car crash, truck wreck, and motorcycle, bicycle, or pedestrian accidents, dog bites, slip and falls, medical malpractice, and criminal defense are all included in our practice.
Based on Jeffrey Meldon’s, founder of Meldon Law, over 40 years of helping accident victims get justice and a fair shake from the insurance companies, he has written the consumer guide book, Seven Mistakes That Can Wreck Your Florida Accident Case. You can request your free, no obligation copy right now, or contact our office for your complimentary copy sent to you today.
Contact Meldon Law at (800) 373-8000 or (352) 373-8000 immediately if you have been involved in a serious auto, truck, or motorcycle accident. We are in your community, have the experience and resources required to work towards obtaining a fair settlement for you – we are here to help you.