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What is negligence?

On Behalf of Christian Ayers
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There are words in the English language that are easy to identify but challenging to define, and “negligence” is one of them. A North Carolina resident may feel confident that they can pick out acts of negligence when they see them but may not be able to say exactly what it means to engage in negligent conduct. This post will discuss negligence in the context of personal injury lawsuits and should not be used as legal advice.

Negligence generally occurs when someone fails to meet the duty of care they owe to another person. While certain relationships have special duties, for example the relationship that a doctor has to their patient, in many circumstances a person owes others a duty of care to act reasonably given the circumstances present. This can mean following traffic laws while driving or maintaining their property so that visitors are not harmed by existing dangers.

When pursuing a personal injury case built upon a claim of negligence a victim will have to prove several elements to win their case. They will have to show that the individual who caused their harm owed them a duty of care, and that the individual also breached that duty. The victim will have to prove that they were hurt due to the other party’s breach and that, as a result, the victim suffered losses.

Negligence is the foundation of many personal injury cases and applies in many different accident contexts. Victims of negligence-based accidents should remember that they have rights when it comes to recovering damages. Attorneys who provide support to personal injury victims are excellent resources for individuals who are unsure of where to start to file litigation claims.