Negligence

A Potential Accident Situation Without Proper Notice or Precautions or Lack of Training Negligence

A failure to provide proper care under the circumstances, whether through an action or inaction, could be considered negligence. If negligence leads to injury, the injured party might be able to seek financial compensation by holding the negligent party accountable for their conduct. The best way to get a better understanding of what may constitute as negligence is to look at a few potential examples:

  1. A driver is writing a text message while driving on a city street in Concord, NC. He takes his eyes off the road to compose the message and therefore does not notice that the traffic light at the intersection ahead has turned red. He runs through the red light, striking a pedestrian who was legally crossing the street.

  2. The manager of a local grocery store is informed by an employee that the doormat at the entrance to the store has a large tear in it and that a customer nearly tripped and fell. The manager is busy and makes a note, but the tear goes unfixed for several days. An unsuspecting customer visits the store and trips on the tear in the doormat. She falls and breaks her wrist.

  3. A lifeguard at a swimming pool is on duty when a child falls in the pool. The lifeguard is able to get to the child, but the child requires CPR. The lifeguard should know how to perform CPR but is not properly trained and is unable to save the child.

Negligence is a primary cause of personal injuries throughout the United States. A personal injury is a physical or psychological injury that a person sustains because of another's conduct, whether intentional or unintentional. The injured party can hold the responsible party legally accountable even if the injury was unintentionally caused, as long as negligence was involved. Generally defined, negligence is an act or failure to act that constitutes a failure to provide a reasonable or proper level of care in the circumstances.

Proving negligence, and therefore the legal responsibility of the other party, is a crucial part of a personal injury claim. This is one way that an experienced personal injury attorney can make a significant difference in your claims the attorney can properly investigate the matter in order to present evidence that proves that the other party acted negligently and should be held accountable for the harm that was done to you. Because every case is different and can present various difficulties, it is highly recommended that you consult with a legal professional as soon as possible.