I remember my first day of law school approximately 30 years ago. I learned the legal definition of negligence. Determining negligence is a three-step formula:
- Someone has a duty or obligation to do something (for example, drive carefully, stop at a stop sign, stop at a red light, drive carefully).
- The failure in that duty, obligation or failure to act in a reasonably prudent manner or fashion.
- As a result of that failure, someone (the plaintiff) is injured.
It became a mantra in law school: duty, failure and harm. Essentially, negligence means that someone failed to act properly or reasonably correct. The law does not say that someone (defendant) must be perfect; rather, people must act reasonably.
All actions are judged with this formula. Negligence is a term denoting that someone acted beyond the normal or regular bounds and then caused harm. There are many forms of negligence: car accident negligence, nursing home negligence, trip- or slip-and-fall negligence, premises negligence, medical malpractice, product liability. All of these types of personal injury cases boil down to negligence.
Questions I Ask When Assessing A Case
These are the following questions I face as an attorney at The Law Offices of David Ascher when I work on your case:
- Who are the negligent parties?
- How can I prove they were negligent?
- What evidence can I use to prove the defendants were negligent?
- What investigation and information do I need?
- What is the best way maximize the damages so I can maximize your recovery?
To see the various personal injury or negligence cases we work on, please see the practice areas and “Recent Developments in the Law.”