Habush Habush & Rottier S.C.® > Articles > Article Providing Negligence

Understanding and Proving Negligence

In the personal injury legal arena, a claim of negligent conduct is the most common basis on which to build a case. If or when you are injured in an accident and decide to file a personal injury claim against a party you hold responsible for your injuries, you should be informed about the legal concept of negligence and how it can be the strongest point of a solid case, or the fatal flaw in a weak one.

The idea of negligence is based on the assumption that all people, regardless of economic, social, or ethnic factors, have a responsibility as citizens and as human beings to act under certain reasonable and logical standards. These standards, while not necessarily part of written law, are vital to the operation and preservation of any social order. For example, the owner of a building who failed to warn visitors of a slippery patch of just-washed tile may be considered negligent because he did not fulfill what is reasonably expected of him. While there is most likely no law saying “thou shalt put up warning signs for slippery floors,” the owner would still be held responsible if anyone were to injure themselves because of that slippery patch of tile.

It should be noted that the “reasonable standards” mentioned above are not determined by what “most people do.” Even if “most people,” for some reason, would not put up slippery floor warning signs, failing to do so may still be considered negligence in court.

Negligence may also be applied on a professional basis — that is, licensed practitioners of law or medicine are expected, reasonably, to behave in certain ways and meet certain standards. If they fail to meet these standards, for example, if a doctor incorrectly performs a surgical operation, they may be held accountable for malpractice.

In a personal injury suit, there are several components to proving negligence on the part of the other party. First, you must establish that the defendant could reasonably be expected to act in a certain way or to meet certain standards. Second, you must prove that the defendant failed to meet these reasonable expectations. Third, you must make a causal connection between the defendant’s failure to adhere to reasonable standards of conduct and the injuries or damage you suffered as a result.

Although these components are fairly simple and obvious, a competent attorney is required to do the job well. It is advised that you consult with a good lawyer before deciding on the specifics of your personal injury case, or whether to file at all. If you are need of such an experienced, effective lawyer, contact a Stevens Point personal injury lawyer from the Habush Habush & Rottier S.C. ® law firm today. Call them at 800-248-0171 today.