Negligence and Liability: Key Concepts in Personal Injury Cases

Negligence and liability are two key concepts in personal injury cases that determine the outcome of your case. “Negligence” comes up in civil liability with the law torts. Tort law refers to the civil duties owed between parties that are defined by the state, and the legal responsibilities that come up if the conduct of any party(s) in a given situation results in harm. Common types of tort law involving negligence include:

• Slip and fall/premises liability accidents
• Car accidents/Motor vehicle accidents
• Workplace injuries/workers compensation accidents
• Construction site accidents
• Medical malpractice cases
• Cases involving nursing home abuse and neglect
• Product liability cases
• Dog bite cases
• Wrongful death cases

What Is Negligence?

Negligence is a legal concept within the law of torts. For example, if somebody did not exercise “reasonable care” in a situation and it caused somebody harm, that person or party would be “negligent.” The party filing the suit and claiming damages is known as the plaintiff, and the party they are bringing the claim against is the defendant. There are no findings of “guilt” or “innocence” like in a criminal case, but rather the establishment of negligence and liability. 

Negligence Is Comprised Of Four Elements

The four elements of negligence must be proven by the plaintiff before a defendant can be found liable for the damages they are bringing against them. In order to successfully win a Massachusetts personal injury case, the plaintiff must be able to prove the following to the jury or judge:

• The defendant they are suing owed them a specific legal duty
• The defendant failed to carry out that specific legal duty
• This breach of their legal duty resulted in the event that caused the plaintiff harm
• That the plaintiff suffered harm directly due to this event

What Is Liability?

A party is found “liable” when they are held legally responsible for an action. A defendant in a civil case only risks liability rather than guilt. The party may be held liable depending on their own inactions or actions. They may also be held liable for the actions of animals or people that they are legally responsible for. If found liable, the person or party is often required to pay monetary damages, or in rare circumstances be mandated to complete specific acts.If multiple parties are legally responsible for the same thing, the amount of individual responsibility rests on whether or not the state follows several liability or joint and several liability laws. Massachusetts is a joint and several liability state, so if for example somebody suffered $100,000 worth of harm from the negligence of two separate parties, they may recover the entire sum of $100,000 from either negligent individual. 

Contact Us Today

Understanding the role that negligence and liability play in civil cases is essential to move forwards with your personal injury lawsuit. If you or somebody you love was injured due to somebody else’s negligence, you need an experienced personal injury lawyer on your side to get the optimal outcome for your case. Call Tapalian Law to consult with a personal injury attorney today.