Negligence and Law

There exist many different forms of negligence in law. They all relate to a failure to use care or caution. This can be through omission of following a known rule or can be an act of disregard. Negligence is in part due to an individual not exercising good sound judgment under a given situation or does not exhibit a level of care that another person who is reasonably careful would exhibit under the same or similar situation. A large factor of personal injury cases is negligence on someone's part. Be that of an individual or a company. But this tends to arise due to that person or company not exercising a level of care that is needed for a given circumstance. In automobile accident cases, the defendant is generally considered to be negligent on some part of the accident. The laws that govern negligence fluctuate from one state to another. There can be some extreme differences among the laws of negligence. Attorneys within a local area should be knowledgeable about the existing laws for their region.

There are many different forms of negligence in law. There is proximate cause, gross negligence, comparative negligence, contributory negligence, mixed comparative and contributory negligence, child negligence, etc. All of these forms of negligence lead back to some form or act of negligence on the part of an individual or company. Negligence can be the result of several different aspects. For example, a responsibility was required to be performed by the defendant before the accident took place. The general public or the victim (often referred to as the plaintiff) was entitled to a certain action that be performed by the defendant. This could be the violation of a particular traffic rule. An example of this is not braking at a stop sign. This action could invariably cause an auto accident and injure another individual. This is negligence on the part of the defendant. The plaintiff or even the general public, were endangered by the negligent behavior of the defendant and this resulted in an injury to the plaintiff. Such behavior in this case can be ruled as negligence. Negligence is thus breaking the duty of not stopping at the stop sign and this is in turn caused an injury that could have been avoided. The defendant's deed resulted in an injury due to his/her negligence. It is safe to assume that not stopping at a stop sign could result in an auto accident and inflict bodily harm on another. This is an example of a foreseeable accident and breaking this rule is an act of negligence. When driving an automobile, it is the responsibility of the driver to operate that vehicle in a safe way that follows all rules and regulations.

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