Negligence And The Law

Posted by Oliver on May 18,2017

Negligence. It is a very important word in law.

Civil litigation – in personal injury and other tortious cases – often depends on one key word – negligence. But what exactly does that word mean, and how is it defined?

According to the law, companies and professionals (such as accountants and doctors) are expected to act within the standards and abilities of the reasonable man, or within reasonable expectations. If those standards are breached, if by an act or omission the professional or the company management fall short of acting competently and within the abilities of the average person, then the person or company can be said to be negligent.

If there was such negligence, and an accident was the result – then a personal injury could very well follow. After an accident that resulted in a personal injury, then the injured party in most cases can make a claim against those responsible – usually the management of the company in question, whom the law automatically assumes to have responsibility until proven otherwise.

The key issue in proving and settling a legal claim is negligence; was the person or company negligent in discharging their duties and responsibilities to the standards expected?

The outcome of the case, and of the personal injury litigation, can depend on the answer to that question. Negligence is considered in law to be failing to act with reasonable care and attention, a failure to adhere to the reasonable practices expected of the average person or professional. Negligence will result of those reasonable standards are breached. Such a breach can also often result in a dangerous situation – which in turn could cause an accident – which can often lead to someone being injured, often seriously.

The law also attributes blame to the party considered to be negligent, unless proven otherwise. A legal claim can be made, and compensation sought, from that negligent party. Negligence can therefore be an expensive word for that at fault party.

In civil law, negligence is quite well defined, as a word and as a legal concept. The word negligence is used slightly differently in the legal sector, and outside it.

To discuss negligence further, or to see whether you might be able to bring a claim if you were injured due to another party’s negligence – then contact the personal injury lawyers at Compensation today.