On this blog, we often discuss the legal principles behind personal injury cases that involve car accidents. It’s important to note that these principles apply to other types of personal injury cases as well.
The key legal concept in most personal injury cases is negligence. In layperson’s terms, negligence means basically the same thing as carelessness, but in legal terms it has a more specific meaning. A person acts negligently when they owe a duty of care to avoid causing injury to others, and they breach that duty. If their breach of duty is the actual and legal cause of another person’s injury, then the negligent party can be held liable for the injured person’s damages.
Applying this concept to a car accident case, we see that a driver owes a duty to others on the road to take reasonable care in avoiding an accident. Therefore, the driver has a duty to watch the road ahead and not look at a cellphone while driving.
Applying this concept to a slip-and-fall accident at a grocery store, we say a property owner owes a duty to customers to take reasonable care so as to avoid a foreseeable accident. Therefore, the owner has a duty to repair or warn customers in a timely manner of safety hazards, such as spills and unstable shelving.
Legal terminology can be confusing and intimidating to many people. Sometimes it feels that way even to lawyers. At the Law Offices of John McCabe PA, it’s important to us that our clients understand their rights and their legal options. We take the time to talk to our clients and answer their questions. We know the pressures injured people and their families are facing in the aftermath of an accident, and the last thing we want to do is add unnecessary stress to their burdens.
To learn more about how we help the injured, see our personal injury page.