What theories of law apply to a personal injury case?
Generally there are three established theories of personal injury or tort liability: negligence, strict liability and intentional misconduct. • Negligence occurs when a person’s conduct falls below a legally recognized standard of taking reasonable care under the circumstances to protect others from harm. Persons who act negligently do not intend to cause an accident that injures another person. Instead, their liability develops from careless or thoughtless conduct or a failure to act when a reasonable person under the circumstances would have acted. Negligence is the basis for liability in the majority of personal injury lawsuits, including automobile accidents and medical malpractice. Proving that someone else was negligent hinges on the following question: Was the party who allegedly caused the injury behaving as carefully as a reasonable person would have behaved under the same circumstances? If not, then that party was negligent and has committed the tort of negligence. Examples o
Generally there are three established theories of personal injury or tort liability: negligence, strict liability and intentional misconduct. • Negligence occurs when a person’s conduct falls below a legally recognized standard of taking reasonable care under the circumstances to protect others from harm. Persons who act negligently do not intend to cause an accident that injures another person. Instead, their liability develops from careless or thoughtless conduct or a failure to act when a reasonable person under the circumstances would have acted. Negligence is the basis for liability in the majority of personal injury lawsuits, including automobile accidents and medical malpractice. Proving that someone else was negligent hinges on the following question: Was the party who allegedly caused the injury behaving as carefully as a reasonable person would have behaved under the same circumstances? If not, then that party was negligent and has committed the tort of negligence. Examples o
