Most often, the answer to who is responsible for an accident or injury comes down whether someone was careful or not.

Some accidents are so bizarre that they’re hard to imagine. Answering some simple questions can determine whether you are legally responsible for an accident, be it a slip-and-fall or a traffic accident.

• Did the person who caused the accident act with reasonable care?
• Has anyone been negligent in any way that caused the accident or injury?

You can ask “Was negligence present?” Let’s look at examples and some elements of negligence.

The “Duty of Care” in Personal Injuries Cases

In some situations, a person’s legal responsibility for an injury to another can depend on the existence of a “duty of care” in the given circumstances.

In most car accidents, this element is met by the fact that any driver of a vehicle should always act with care and caution towards other road users. All drivers are responsible for the safety of other road users, including motorcyclists, bicyclists, and pedestrians.

In other types of personal injuries cases, it is difficult to establish the duty of care. What if the injured person, for instance, was not expected at the place where the accident happened?

Sameer asked the manager of his local grocery store a question. He knocked on the door of the back room, but no one answered. Sameer entered the “Employees Only” room, despite its sign. While searching for someone, he tripped over a stack of pallets and fell. He broke his wrist.

The store would deny Sameer’s complaint because it does not have a duty to protect its customers who ignore signs that say “Employees only” and enter places they shouldn’t. The store is only liable if it did not act recklessly or deliberately to injure a customer. Pallets stacked in an storage room is not reckless (this is a standard supermarket practice). Sameer does not have a case against the store.

What constitutes “reasonable negligence”?

To prevent harm to others, “reasonable care” must be taken. This can vary depending on time, location, and the relationship between people. The same conduct may be considered negligent in one situation but not in another.

Example 1: Softball players are using a field. A person who was watching the game from the side is accidentally hit by a foul. They did not act negligently, because they were on a field playing a game and foul balls are part of every game. The person who sat too close to the field where the ball was flying around could have been negligent.

Example 2: An angry player at a softball game accidentally hits a spectator sitting near the field edge. The act of throwing a bat in anger is not “reasonable” and the spectator had the right to be at the game. The act was negligent and therefore the bat thrower is responsible for any injuries.

Keys to a Negligence Case

It is easy to get fair compensation, no matter what the cause of an accident was. Just follow a few simple rules written in plain English.

• If you can show that you were cautious but the other person was negligent, then they are responsible for all damages (including medical expenses to treat your injuries and lost income, as well as pain and suffering resulting from your injury). If someone else’s insurance covers the accident, your chances of receiving fair compensation increase.
• Employers may be held legally responsible for an accident caused by a negligent employee (under “vicarious negligence” or “vicarious liability” theory, which we will discuss in the next section).
• If an accident happens on dangerous property, or because of a defective product, the owner or maker/seller is usually liable. It doesn’t matter if the maker/seller or the owner of the property created the defect or the danger.
• Comparative negligence describes the amount of compensation that you may be entitled to, if it is determined that your negligence caused the accident.
• To prove negligence, it is not necessary to “prove” the fault. It’s enough to make a reasonable case. Even if the actions of the person were cautious, this still applies.

What are the types of negligence?

In a sense, there are different types of negligent behavior. In personal injury cases, negligence can be used in different ways. Here are a few examples.

Ordinary Negligence

Careless negligence is a form of normal negligence. A driver might turn right at a green signal without taking into account the speed of an approaching vehicle. Or, workers at a grocery store who fail to notice an accident before a customer falls.

Comparative and Contributory Negligence

When the injured party may be partially at fault for the accident or incident, legal concepts like comparative negligence and contributory liability apply. The specifics vary according to the state rule. If a plaintiff is partly responsible for their own injuries in a state with “pure” comparative fault, the amount they can recover from other parties will be reduced proportionally to the share of blame. Learn more about the shared fault principle in personal injury cases.

Vicarious Negligence

Vicarious negligence occurs when a person’s negligent behavior is transferred to another party (which could be an individual or a business). The owner of the store is held vicariously responsible if the employee fails to clean up the spillage in the dairy aisle after a reasonable amount of time.

Gross Negligence

Gross negligence includes recklessness and extreme disregard for other people’s safety. Driving 80 miles per hour on a school campus and causing an injury would be gross neglect.

What to Do After an Accident or Injury

If you’ve been hurt in an accident, understanding and applying personal injury law can help you navigate the claims process. Negotiating a fair deal may be possible for those that are familiar with the process. Consult an attorney if you cannot resolve the problem or need assistance managing your claim.

Bonardi & Uzdavinis LLP is here to help you through the process of a personal injury claim. Our attorneys will evaluate your case, fight to protect your rights, and secure compensation for you.

Our expertise and resources will help you to successfully handle your claim.

Why choose Bonardi & Uzdavinis LLP?

Your choice of personal injury attorney can have a significant impact on the outcome of your case. Bonardi & Uzdavinis LLP takes the time to understand your case and work to achieve the best possible results for you. Our team is committed to providing personalized legal attention and expert legal advice.

Contact Bonardi & Uzdavinis LLP today to discuss your case and explore your options. Our attorneys can handle your personal injury claim so you can focus on what is most important, which is recovery.

This article was written by a Bonardi & Uzdavinis professional. Bonardi & Uzdavinis LLP, a boutique full-service law firm, provides its clients with a variety of legal representation. Our main areas of practice are real estate, construction, commercial litigation, personal injury and probate. Contact us for a free case evaluation if you need a real estate lawyer or St. Petersburg personal injury attorney.