Negligence is defined as the failure to behave in a way that a responsible person would have in the same situation. This lack of care can either be an action, or an act of omission, when there is a duty to take steps to prevent an injury.
In legal terms, negligence is a concept used by plaintiffs to receive compensation for injuries or damages that have been incurred by the defendant’s lack of diligence or regard for others’ safety
In most negligence lawsuits, a defendant is only obligated to compensate the plaintiff for the proportion of the injury the court determines them to be at fault. For example, if they are half-responsible for the accident, then they can only be sued for half the costs. This is known as comparative negligence.
There are two types of negligence cases:
• Gross Negligence: When an individual acts unreasonable, or does something that a reasonable person would not do, thus resulting in an injury. The defendant willfully showed a complete disregard for another person’s safety.
• Vicarious Negligence: When an individual fails to take reasonable action to prevent harm from befalling another person. The defendant is held liable because of a failure to responsibly supervise another person or animal that caused the injury.
Both forms of negligence fall under negligence law, and the case is filed against the individual, company, or party responsible for the injury.
Negligence is by far the largest legal tort, and can fall under many different legal categories involving personal injury, such as:
• Car accidents
• Drunk driving accidents
• Pedestrian accidents
• Slip and fall injuries
• Wrongful death
• Work-related injuries
• And more…
Proving a Case Involving Negligence
In order to successfully prove negligence in a lawsuit, the plaintiff must establish that the defendant had a responsibility to the victim, that the defendant breached proper conduct by failing to fulfill their required duty, and that the defendant’s negligent behavior resulted in injury or damage to the plaintiff.
Here at Babcock Law Firm, our personal injury attorneys understand the pain that someone else’s negligence can cause - we are committed to passionately representing victims of negligence and their families.
Whether you are located in Denver, Boulder, Colorado Springs, or another Colorado city, our personal injury law firm possesses extensive experience with investigating and establishing fault. Don’t hesitate to seek out an attorney to at least discuss, and possibly represent you in a case involving negligence.
We invite you to learn more about how representation works, and then schedule a comprehensive, no-cost consultation today.