Legal Terms Defined: What is Negligence?

Unfortunately, accidents are a part of life, often due to negligence. But what does ‘negligence’ really mean in the eyes of the law? In everyday terms, most people understand negligence as carelessness or failure to take proper care. However, in the legal context, ‘negligence’ has a much more specific and complex definition. This post will dissect the term ‘negligence’ and provide a clear understanding of its legal applications, implications for personal injury claims, and how it affects victims in their pursuit of justice.

Understanding Negligence from a Legal POV

Negligence is a fundamental concept in personal injury law. It arises when one person causes another to suffer harm due to the failure to exercise a certain level of care. This legal concept is linked to the notion that every individual has a duty to behave responsibly. When that duty is breached and harm results, a legal claim for damages may ensue.

The Four Essential Elements of Negligence

In legal terms, the concept of negligence consists of four key elements:

• Duty of Care

This is the first and crucial element of negligence. It refers to an individual’s legal obligation to avoid causing harm to others or the public. In practical terms, every driver on the road has a legal duty to operate their vehicle reasonably and safely to prevent accidents.

• Breach of Duty

When a person or entity fails to meet their duty of care, a breach of duty occurs. For instance, a breach has likely occurred if a property owner fails to maintain their premises and a visitor slips and falls due to a wet floor.

• Causation

Negligence is not enough to establish a claim; the negligent act must directly cause the harm suffered by the plaintiff. This is known as ‘causation’. In our property owner’s scenario, the wet floor must directly cause the plaintiff’s injury.

• Damages

Finally, damages must be quantifiable. The plaintiff must have incurred losses, whether it’s physical harm, emotional trauma, lost wages, or medical bills. Non-quantifiable damages may also apply, such as pain and suffering. In our example, the plaintiff may have suffered a broken arm and incurred medical expenses.

The Role of Negligence in Your Arizona Injury Case

For individuals involved in personal injury cases, grasping the concept of negligence is not merely academic; it’s a practical necessity in building a compensation case.

Proving Negligence in Court

The plaintiff must bring sufficient evidence to prove negligence to succeed in a personal injury case. This often involves gathering police reports, witness statements, testimony, and other valid proof that the four elements of negligence have been met.

How Negligence Affects Your Claim

In Arizona, the amount of compensation a plaintiff receives is influenced by their degree of fault. Under Arizona’s pure comparative negligence system, if a plaintiff is found to be partially at fault, their compensation is reduced proportionally. For instance, if a plaintiff is found 20% at fault in an accident, they will receive 80% of the total compensation awarded. 

The Significance of Understanding Negligence

At Saavedra Law Firm, we strive to ensure that our clients comprehend the legal underpinnings of their cases. Understanding negligence empowers individuals to make informed decisions about pursuing legal action and managing the complexities of the legal system. To learn more about negligence and how it may apply to your injury case, contact us for a consultation. Remember, knowledge is power in the pursuit of justice.