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Search Results - Negligence

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Negligence (Lat. negligentia, from negligere, to neglect, literally "not to pick up") is a legal concept in the common law legal systems usually used to achieve compensation for injuries (not accidents). Negligence is a type of tort or delict (also known as a civil wrong). However, the concept is sometimes used in criminal law as well. "Negligence" is not the same as "carelessness", because someone might be exercising as much care as they are capable of, yet still fall below the level of competence expected of them. It is the opposite of "diligence". It can be generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from a foreseeable risks of harm. In the words of Lord Blackburn,

"those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision."

Through civil litigation, if an injured person proves that another person acted negligently to cause his injury, he can recover damages to compensate for his harm. Proving a case for negligence can potentially entitle the injured plaintiff to compensation for harm to their body, property, mental well-being, financial status, or intimate relationships. However, because negligence cases are very fact-specific, this general definition does not fully explain the concept of when the law will require one person to compensate another for losses caused by accidental injury. Further, the law of negligence at common law is only one aspect of the law of liability. Although resulting damages must be proved in order to recover compensation in a negligence action, the nature and extent of those damages are not the primary focus of negligence cases.

Negligence suits have historically been analyzed in stages, called elements, similar to the analysis of crimes. Common law jurisdictions may differ slightly in the exact classification of the elements of negligence, but the elements that must be established in every negligence case are duty, breach, causation, and damages. Each is defined and explained in greater detail in the paragraphs below. Negligence can be conceived of as having just three elements - conduct, causation and damages. More often, it is said to have four (duty, breach, causation and pecuniary damages) or five (duty, breach, actual cause, proximate cause, and damages). Each would be correct, depending on how much specificity someone is seeking. "The broad agreement on the conceptual model," writes Professor Robertson of the University of Texas, "entails recognition that the five elements are best defined with care and kept separate. But in practice," he goes on to warn, "several varieties of confusion or conceptual mistakes have sometimes occurred."[1]

Showing 1 to 25 of 455 Articles matching 'Negligence' in related articles.
Pages: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | Next >>

1. Need Help About Personal Injury Claim And Attonery?
November 17, 2008

Personal injury actions involve the liability of one party to another for injury done to the body, that is, any injury that was caused by the negligence of another. If you have an injury due to someone else's negligence you have a number of rights and are entitled to personal compensation. Legal action may be necessary to secure your personal rights. It often takes time before you realize the extent to which your life is affected from an injury. That is why it is important to know that there is a limited period of time to pursue a personal claim for injuries. Preservation of... (read more)

Author: Kenny Doucette

2. When You Might Need a Colorado Personal Injury Lawyer
November 13, 2008

If you a Colorado resident who has been injured because of someone else's negligence, do you know your rights? If not, you need the services of a Colorado Personal Injury Lawyer. Whether it is the result of a moving vehicle accident, an injury incurred on the job or on someone's property, you have the right to compensation from that person's insurer – or the negligent party himself. About Torts A Colorado personal injury lawyer is specially trained in the field of law known as torts, which deal with issues of personal injury. This is a very wide area; although most personal ... (read more)

Author: Jonathan Blocker

3. Get your compensation with the help of Workers Compensation Lawyer
November 10, 2008

What is worker’s compensation law? A worker may be injured on the job site. This may be due to any reason. The injury may be caused by the inattentiveness of the worker or may be caused by the negligence of the office staff/ employers. If the injury is caused by the negligence of the employers, then the workers can get a compensation amount with which he can recover the damage, partly if not the in its entirety. Where are the workers injured? There are certain jobs which are called high risk jobs. In these jobs there are high chances of the workers being injured. For example, o... (read more)

Author: sophia alex

4. Time For a Colorado Personal Injury Attorney
November 09, 2008

How do Colorado residents who are injury victims due to someone else's negligence know their rights? All too often, they do not. This is why they need the services of a qualified Colorado Personal Injury Attorney. Regardless of whether it is an auto accident, work-related or some other mishap occuring on private property, every accident victim has the right to compensation for medical expenses, income loss and property loss. Many times, a Colorado personal injury lawyer can win compensation for pain and suffering as well, although this is difficult to measure precisely. About Per... (read more)

Author: Jonathan Blocker

5. Liability Insurance could save your business from financial disaster
November 10, 2008

Company liability insurance safeguards businesses from various allegations of negligence, but it may also protect them from having to absorb the fees associated with defending a frivolous lawsuit. While attention to quality control and seamless risk management procedures can reduce the risk of lawsuits, no organization can completely eliminate the possibility that a claim will arise. Litigations, even the most ludicrous pursuits, can lead a company down a path of financial disaster. Businesses can prevent this financial pitfall by arming themselves with company liability insurance. I... (read more)

Author: James Cochran

6. Errors and Omissions Insurance: A Vital Component in Protecting Against the Unexpected
November 10, 2008

Many business owners have taken proper steps to insure against property loss and injury claims, the more traditional forms of commercial insurance coverage. However, they may have overlooked protecting themselves against claims of professional negligence. Errors and Omissions (E&O) insurance, also known as Professional Liability insurance, protects organizations or individuals against claims of financial loss due to negligence in the delivery of professional services. Professional liability related to errors or omissions, whether actual or merely perceived are not covered by General Liabi... (read more)

Author: James Cochran

7. A Birth Injury Attorney can Prevent the Hardship that has Overtaken your Life
November 03, 2008

If your child suffered a birth injury as a result of negligence or medical malpractice, you should be knowledgeable about what experienced birth injury attorneys can do to mitigate the suffering you are experiencing. With the increase in advanced technologies and medicines medical practitioners are using today, birth defects are becoming increasingly prevalent. Regardless of weather it is a major or minor birth defect, an injury lawyer can help! You may well discover that you are entitled to compensation for the years you or a loved one has suffered. Your birth injury lawyer will help you dec... (read more)

Author: jak smith

8. Transfusion inquiry continues
October 30, 2008

A government Inquiry, which is dealing with the scandal involving blood transfusions carried out in the 1980's has uncovered a number of startling deficiencies. The Archer Inquiry has been ongoing since early 2007 and was due to report in July of this year but has been delayed. According to sources within the Inquiry, a number of important documents have come to light, which will push back the outcome until all new information has been analysed. It is hoped that the final analysis will be available by the end of the year and will shed even more light on the contentious procedures. ... (read more)

Author: Darrell Joyce

9. A tale of two countries
October 30, 2008

The Anguish our brothers across the pond are currently feeling over their health insurance costs and the lack of sufficient coverage by their government is somewhat alien to us with our blessed NHS. While many complain about its provisions and all that it doesn't seem to be doing, hearing stories about the average American’s struggle would force them to think twice about passing such harsh judgement. With the number of medical negligence and personal injury claims being launched in the NHS’ direction on the rise, we may have to start considering the possibility of the UK adopting an American a... (read more)

Author: Onome Okwuosa

10. Personal Injury Claim Form
October 22, 2008

A personal injury claim form is the first step towards getting compensation. A personal injury claim form is one that has to be filled by a victim who has suffered personal injuries in a road accident or at work place or at a public place or due to medical or dental negligence. Even a minor personal injury suffered as a result of the negligence of a third party could be compensated provided if the victim is able to prove his case with substantial evidence. It is always better to seek expert legal opinion to secure a compensation for a personal injury. There are a number of legal firms who... (read more)

Author: Mariah Cole

11. Speed Your Business Insurance Application Process Along with These Handy Tips
October 22, 2008

Business insurance coverage, and particularly Professional Liability insurance, is important in any business industry, but for those companies that provide IT services, it is critical. While General Liability insurance coverage addresses claims of bodily injury or property damage, Professional Liability insurance, also known as Errors and Omissions insurance, protects organizations against claims of professional negligence and errors or omissions in professional work. Specifically, Professional Liability insurance for techs will help protect against cases in which a client is rendered unable t... (read more)

Author: James Cochran

12. Reliable, Accurate and Practicable Legal Service
October 22, 2008

People don’t often want to go and see a lawyer. It is usually only because something has gone wrong that people are compelled to seek legal advice. Sometimes the problems can strike at the very heart of your life before hand – for example when involved in the break up of a relationship or being at risk from losing your home. People therefore often need to see a lawyer at times when they are at their most vulnerable. They may be disappointed, disillusioned, angry and upset. They may not even know how to react to the situation at all. At such times, it is important to be confident that if y... (read more)

Author: Sridhar Duncanlewis

13. Contesting A Will is the Ramification of Not Following a Few Simple Suggestions.
October 21, 2008

You don’t need to pick up a newspaper to be aware that the structure of the modern family is changing. But you might not have thought about how this affects what could happen to the distribution of assets following the death of a loved love. It is an unfortunate fact that there is a steady increase in disputes over the realisation and distribution of assets following death. And this does not simply apply to families in which, for example, parties prefer not to marry or have step children. It remains a widespread fallacy that only those individuals who are aged or in poor health should co... (read more)

Author: John Metham

14. Professional Indemnity Insurance: An Overview
October 20, 2008

Professional indemnity is a kind of insurance policy that provides an essential financial protection cover to a wide variety of professionals and advisors, working in different industries. The insurance cover is effective when a client suffers any kind of financial loss as a result of an error, omission or negligence during the course of the services offered by a professional. No professional can eliminate risks or damages from his/her professional life. Therefore, it is important to seek an effective protection that can protect your interests in those uncertain times. Also, if you ever have t... (read more)

Author: Editor 123

15. Protective PI insurance
October 16, 2008

PI insurance is targeted towards protecting professionals. The insurance will lift your financial burden when you have to face liability claims. The indemnity saves you from legal actions that may arise due to a service or financial inconsistency of your profession. The policy minimizes or meets the losses that may arise as a result of the negligent services offered by you to your clients. The PI insurance safeguards your professional interest when your clients financially suffer losses due to alleged error or omission and negligence on your part. In this increasingly litigious society, ... (read more)

Author: Editor 123

16. Male Impotence Myths
October 16, 2008

Thanks to modern lifestyle male impotence is no more a taboo. Now people are open enough to discuss it with their partners and seek medical help if and when required. Earlier a lot of relations went in vain just because of sheer negligence and ego problems. Modern medical world has come up with wonderful drugs like Viagra, Cialis, Levitra and Uprima which can easily overcome the problem of impotence in men and give them a satiating sex life. But one has to be very careful and not fall in myths. Male impotence is a very common problem and it happens to almost 98% of men at some point in th... (read more)

Author: jack carlos

17. About Medical Malpractice
October 16, 2008

People everywhere seek treatment for their ailments from hospitals or medical professionals in private practice. Sometimes, however, a patient may suffer a personal injury or worse due to negligence on the part of the physician or hospital staff. A doctor or nurse's mistake could cause a patient serious harm, prolonged illness, and even death. Such cases fall under the category of medical malpractice. Medical malpractice refers to mistakes or negligence on the part of a medical professional--whether it's an entire staff, hospital or just one physician--that leads to personal injury or ... (read more)

Author: Wally Singer

18. Is the Nuva ring class action lawsuit based on the correct premise?
October 15, 2008

The Nuva ring class action lawsuit against Organon may not turn out the way a Nuva Ring lawyer expect it to be. The lawsuit is being filed based on negligence to educate its users on the effects of the third generation hormone as a birth preventing substance. Since this is a form of lawsuit where a lot of injured Nuva Ring users will collectively bring their grievances to US courts, other developments may have already affected the chances of the Nuva ring class action lawsuit to flourish before it could collectively verify legitimate complaints The NuvaRing lawyer bases his arguments on t... (read more)

Author: Jhoana Cooper

19. Cheap Car Insurance - Go Get it Now
October 13, 2008

Cheap car insurance rates are available on the internet as you search through various websites. However, there are certain criteria to qualify for cheap car insurance. The most important criteria are your driving history record. If you have a record of mishaps and accidents then finding cheap car insurance would be the most difficult job. Generally it is difficult for young drivers, drivers with a record of accidents and lady drivers to get cheap car insurance. This is because the risk of accidents is higher in such cases and insurance companies consider the ‘risk’ factor as a priority while f... (read more)

Author: Francis Adam

20. Tips to Help You Save on Car Insurance
October 13, 2008

Buying car insurance is a must these days with the growing number of accidents and damages caused due to theft, natural disasters and negligence. Many people are reluctant while buying car insurance as they feel that the premiums to be paid on them are relatively high. However, there are certain tips to help you save on car insurance, which if followed will definitely help in reducing the premium costs. The best step is to shop around for alternative insurance policies on the internet. This can be done by obtaining insurance quotes from various insurance companies. This should preferably ... (read more)

Author: Francis Adam

21. An Accident Lawyer New York City the Greatest Witness to Acts of Negligence on the Roads of NYC
October 13, 2008

Driving in New York City is a challenge that many people face forcing many people to take the subway, bus, walk, or take a taxi. For those who brave the congested, loud, and abrasive streets of New York City must drive with a level of confidence if they want to make it on the road without being involved in an auto accident. Many people commute into the city spend hours on end in traffic, merges, toll booth lines, and hold ups due to the large amount of people coming and going into the city everyday. It takes a very skilled driver to stream along the streets of New York City without conflict, w... (read more)

Author: Paul Justice

22. Compensation Culture
October 08, 2008

These days solicitors are trying to force compensation out of everything. Many Doctors feel like they are fueling a compensation culture to do with clinical negligence by charging too much. In 2006-07, 5,426 claims of clinical negligence and 3,293 claims of non-clinical negligence against NHS bodies were received by the NHSLA. This compares with 5,697 claims of clinical negligence and 3,497 claims of non-clinical negligence in 2005-06. The NHS paid out £90.7m in costs to claimant solicitors in clinical negligence cases concluded in England during 2007/08, up from £40.9 million in 200... (read more)

Author: Jamie Payne

23. Professional indemnity insurance Coverage
October 07, 2008

Professional indemnity insurance supports you in paying the compensation to a third party, who may have suffered injury, loss or damage through any breach of duty, causing a quantifiable financial loss. Professional indemnity insurance, commonly known as pi insurance, is a financial instrument that indemnifies professionals against any legal liabilities, such as injury, loss or damage caused due to their professional negligence. Broadly, there are three types of Professional indemnity insurance, namely breach of duty, civil liability, and negligent act, error or omission. Negligent ... (read more)

Author: Editor 123

24. Medical negligence results in child receiving brain damage
October 07, 2008

In San Francisco (USA) Thomas and Kim Champion gave birth to a little girl called Jessie. However, the happy bubble was soon to burst, because after a couple of days, Jessie began to develop severe jaundice, a common, but possibly a life – threatening illness if it goes untreated due to medical negligence. Things for Jessie and her family started to worsen, when the doctors failed to treat and test her jaundice, which later developed into kernicterus, which is a preventable but debilitating and lifelong syndrome. As a result, Jessie now suffers from speech and hearing dysfunction as well as ... (read more)

Author: Catherine White

25. Skateboard Safety Tips
October 07, 2008

Skatboarding is a thrilling sport which is enjoyed not only by youngsters but by people of all age groups. Skateboarding should not be taken lightly and you should always wear proper attire and protective gear as negligence might lead to serious injuries and accidents. A great deal of care needs to be taken while participating in this fast paced sport whether you are practicing alone or with your friends. Falling on a hard surface without safety gear can lead to fractures, sprains, abrasions, etc. Sometimes in extreme cases the injuries might prove to be fatal for the skater. By following the ... (read more)

Author: Camille Parker

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