NY Auto Accident Lawyer.com

Concept of Negligence

In Personal Injury Law, negligence is the most common basis for bringing a claim or lawsuit. The law requires certain standards of behavior by individuals. When a person fails to meet those standards by acting in a manner the law considers unreasonable, that person may be guilty of negligence. 

In order to bring a lawsuit based on negligence, the plaintiff (injured party) must establish that the defendant (offending party) had a legal duty to the plaintiff; the defendant failed to meet the standard of reasonable behavior associated with that duty; and the defendant's breach of that standard caused injury to the plaintiff.

Legal standards of behavior are based on what a "reasonable person" would do under similar circumstances. This is not the same as what an "average person" would do. For example, the average person driving along a highway may drive over the posted speed limit.  If that person causes a car accident in doing so, he or she has violated a statute and will undoubtedly bear legal liability. The point is that a "reasonable person" would have obeyed the safety law, even if the average person, traveling with the flow of traffic, does not.

When it comes to those individuals who engage in activities or jobs that require special knowledge or training (doctors, lawyers, pilots, etc.) the standard of behavior is more exacting.  The standard expected for duties relating to those activities or jobs is based on what a "reasonable person" with the required knowledge and skill would or would not do under the circumstances.

The concept of duty is very important. It constitutes the heart of a valid personal injury claim. Without duty, the injury suffered by an individual is of no legal significance. For example, if someone is standing in the lobby of a building and is knocked down by another individual who is rushing to catch an elevator, there is no basis for a personal injury claim against the owner of the building. There is no way a "reasonable" landlord could have foreseen and/or prevented that person's injury. Of course, the rushing elevator-catcher may be liable to the injured party for his "unreasonable" behavior.

NY Auto Accident Lawyer.com is a service of the law firm of John M. DeProspo & Associates, a firm with over 30 years experience handling all types of personal injury cases. With associates in all 50 states, it doesn't matter where you live or where the accident occurred. We can help you know your rights, and find your lawyer.

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