Negligence Examples must be proved before holding someone legally accountable for accidents that cause damages, especially injuries. In civil law, negligence is determined based on whether the defendant had a duty to care, breached that duty, the breach of that duty caused the plaintiff to sustain injuries and these injuries resulted in damages. A personal injury case must include all four elements of negligence in order for a plaintiff to win the lawsuit.
Key Elements of Negligence Examples in Personal Injury Cases
Personal Injury
A personal injury case typically occurs when a person’s negligence causes an accident that leads to another person becoming injured. The injured person(s) has quantifiable damages, such as medical expenses and lost wages, and often, pain and suffering, and then the victim files a lawsuit against the person who caused the accident. If the defendant is found liable for damages the plaintiff has sustained, then the judge or jury will award the plaintiff compensation.
Accidents and injuries resulting from negligence may happen in a variety of circumstances, all with unique details. There are circumstances, however, in which accidents and injuries most commonly occur. Negligence examples include the following but this is by no means an exhaustive list. If you believe you are injured as a result of a person or businesses’ negligence per se, it is best to consult with an experienced local attorney about your case.
Car Accidents
Car accidents may lead to life-changing injuries and in some cases death. Increasing smartphone use contributes to distracted driving, including internet use, texting, and taking photos or videos. Reading a text takes about 4.6 seconds, which, at 55 mph, equates to driving a football field’s length blind (NHTSA). Talking on the phone and in-car smart technology also divide driver attention (AAA Foundation)
These all may lead to distracted driving, which is extremely dangerous and may cause an accident. Speeding, or driving faster than the designated speed limit or too fast for road conditions may also be deemed negligent in the event of an accident. Speed limits as well as caution speed limits are on the roadways for a reason: to protect drivers and pedestrians on the road. The same goes for running traffic signals or ignoring stop signs or yield signals and signs. Failing to follow these directives could not only hurt someone but also be a reason that you could be deemed negligent and therefore, liable, for an accident.
Slip and Fall Accidents
Slip and Fall accidents may happen at a business, such as a mall or restaurant, or public place like an airport. When floors are wet, we often see warning signs to indicate that someone may slip if not careful. However, sometimes floors are cleaned and no signage is posted, leading to a dangerous situation for someone who could slip, fall, and injure themselves. Poor maintenance, including broken sidewalks and faulty staircases may also pose a danger to someone who is walking in the area. Another cause of slip and fall accidents includes poor or dim lighting in parking lots, stairwells, or hallways, which could also contribute to an accident.
Childcare Negligence
When we put our children under the care of others, including daycares and babysitters, we expect that childcare workers are adequately supervising children, but sometimes that does not happen, and children who are without supervision become injured. Further, facilities at daycares and schools are expected to be safe, but in the event that playground equipment becomes faulty or a daycare is not properly childproofed, then unsafe conditions may lead to an accident and subsequent injuries. These negligence examples are not exhaustive but include more common situations that occur.
Negligent Security
Negligent security is when a business or property owner fails to maintain a safe premise for any residents, employees, patrons, or visitors. Malls, apartment complexes, concert venues, colleges, schools, and nursing homes include some properties that may be liable for negligent security. Under Florida law, businesses and property owners have a duty to ensure that the property environment is reasonably safe.
A breach of duty that leads to a crime and causes injury can make a business or property owner liable for damages. Negligent security cases arise when an injury results from a crime the owner should have foreseen. However, if a crime is not foreseeable, the owner is unlikely to be held liable for injuries.
Product Liability and Defective Products
A branch of personal injury law that has had a number of higher profile cases regarding consumer products is product liability. E-cigarettes and vaping products have risen in popularity over the last decade. However, recently, these products have been implicated in thousands of cases of respiratory injury. The leading manufacturer of e-cigarette and vaping products is Juul, a company that has been facing many lawsuits against it across the United States.
Typically, there are three forms of personal injury cases that involve defective products, which include design defects, manufacturing defects, and marketing that fails to warn. Your attorney will help you understand which category your case may fall under. Design defects occur when a product is inherently dangerous even through it is manufactured correctly. For example, a toy that is small enough to be swallowed by a child may have a design defect, or a laundry detergent pod that explodes while held and propels liquid into someone’s face.
Manufacturing defects occur when the end result of a design renders the product unsafe. One example may be that a car’s seat belt buckle does not buckle properly, and therefore, does not perform safely as it was intended to do so. A failure to warn claim involves a business marketing product that was designed and manufactured correctly but it did not include warning labels and safety instructions for its user. Defective product cases involving pharmaceutical drugs often involve this form of lawsuit.
Premises Liability
These cases occur when property owners or landlords do not maintain their property in a reasonably safe condition, and as a result, someone becomes injured. Negligence examples that lead to these cases include dog bites, swimming pool accidents, and unsafe conditions, such as insufficient security. 6. Workplace Negligence may occur if an employer does not provide safe working conditions for employees, which may also include not providing employees with proper training to perform work-related tasks as well as permitting workers to violate safety protocols that leads to an accident and injury.
Professional Negligence Example
Professional negligence occurs when accountants or attorneys fail to provide proper care, such as missing deadlines or not filing paperwork on time. Further, accountants who make errors on financial statements or tax filings that harm their clients could also be deemed negligent.
Medical Malpractice
Another negligence example includes Medical Malpractice, which happens when a health care provider breached their duty to provide competent medical care to the patient. However, according to Florida law, injury from medical care does not mean that negligence was involved. The patient must prove that the injury resulted from a breach of the duty to abide by a healthcare provider’s professional standard of care.
Medical malpractice cases may arise from misdiagnosis, improper/delayed treatment, or even surgical errors. Medication errors that include misprescribed dosages and the wrong medication could also be part of the medical malpractice case. Finally, health care providers must inform patients about the risk of treatments and procedures. Failing to tell a patient about dangerous side effects or potential complications could also constitute medical malpractice in certain situations.
Nursing Home Negligence
Placing our loved one in the care of others can be a difficult decision. However, nursing homes are expected to provide adequate care to their residents. Failure to do so could result in negligent actions that cause injury.
Understanding Negligence Examples: Protect Your Rights After an Accident
If you have been involved in an accident, it’s best to speak with an attorney about your situation.
If you win your case, you may receive damages that cover the losses that you have endured. Damages for personal injury cases may include lost wages, loss of earning capacity, medical expenses. There are also the non-economic consequences such as pain and suffering.
If you believe you’ve been injured due to negligence and need assistance, contact us today for a free consultation.