Negligence is a legal concept that serves as the framework of fault in most personal injury cases. A party is considered negligent when, through an act or omission, they breach a duty of care owed to another party. A duty of care is a legal obligation to exercise a level of care that a person of ordinary prudence would have exercised under the same circumstances.
Common examples of negligence that may warrant a personal injury claim include:
- A driver violating traffic laws, resulting in an accident;
- A doctor failing to follow accepted standards of care during diagnosis or treatment, resulting in an injury to the patient; and
- A business owner failing to fix known hazards on his or her property such as concealed holes, broken handrails, and uneven floor surfaces, resulting in an injury to a customer.
