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What is Negligence and What is its Role in Personal Injury Law?

Last updated 6 years ago

If you have been injured in a way that could have been prevented, you may have been the victim of negligent behavior. To learn more about negligence and how it affects personal injury lawsuits, read on.

How Negligence is Determined

Negligence consists of three factors:

  • Duty of care: In some situations, a person has a responsibility to act carefully to protect others. For example, drivers should obey traffic laws in order to protect themselves and other drivers; similarly, store owners should keep their floors clean and free of hazards to prevent customers from tripping and falling. Both of these are duties of care.
  • Breach of duty of care: The next component of negligence is a breach of this duty of care, or a failure to act in a way that reasonably protects others. If a driver does not pay attention to the rules of the road, drives through a red light, and injures someone, he has breached his duty of care. A store owner who does not eliminate or warn against hazards on his floor, causing a customer to slip and fall, has also breached his duty of care.
  • Damages: This breach must lead to injuries to qualify as negligence. These injuries can be both physical and mental. In a lawsuit, an injured party may be entitled to financial compensation for the injuries he sustains.

The Role of Negligence

Negligence is the basis of many personal injury lawsuits. A person injured by negligence can take the responsible party to court and ask for financial damages for his injuries and costs. The purpose of a personal injury lawsuit is to make a victim of negligence economically whole or to allow him to live at the same standard that he would have if the injury had never happened. Unless a party is able to show negligence, he may not have grounds for a personal injury lawsuit.

If you have been injured because someone else breached his duty of care, call McCready, Garcia & Leet, P.C. today. Our personal injury attorneys can evaluate your case and help you recover damages. To schedule a free consultation, call (888) 697-0364.


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.


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