Negligence law




Q. If someone causes an accident and I am hurt, on what basis will that
person be responsible (liable)?

A. A person is liable if he or she was negligent in causing the accident. Persons
who act negligently never set out (intend) to cause a result like an injury to another person.
Rather, their liability stems from careless or thoughtless conduct or a failure to act when a
reasonable person would have acted. Conduct becomes “negligent” when it falls below a
legally recognized standard of taking reasonable care under the circumstances to protect
others from harm.




Q. Negligence law seems so confusing. It uses words such as duty and
causation. What do they mean?

A. Negligence law can be complex and confusing even for people who are familiar
with it. To understand it better, forget all the legal jargon and go back to casino online the car accident
example. A driver has a duty to use reasonable care to avoid injuring anyone he or she
meets on the road. If a driver fails to use reasonable care and as a result of that failure
injures you, then the driver is responsible (liable) to you for those injuries.




Q. Who determines whether a defendant has acted reasonably?

A. After being presented evidence by your lawyer, a judge or jury will decide what
an “ordinary” or “reasonable person” would have done in similar circumstances. In the
example of an automobile accident, a judge or jury is likely to find a driver negligent if his
or her conduct departed from what an ordinary reasonable person would have done in
similar circumstances. An example would be failing to stop at a stoplight or stop sign.


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