Negligence

Negligence is a legal concept usually used to achieve compensation for accidents and injuries. Negligence is a type of tort or delict and a civil wrong, but can also be used in criminal law. Negligence means conduct that is culpable because it misses the legal standard required of a reasonable person in protecting individuals against foreseeably risky, harmful acts of other members of society. Negligent behavior towards others gives them rights to be compensated for the harm to their body, property, mental well-being, financial status or relationships.

In appellate court decisions, negligence suits have historically been analyzed in distinct stages. First, the defendant must have had a duty of care towards the claimant. The courts have long established that all persons have a duty to use that degree of care that an ordinarily prudent person would have used under the circumstances, so that, at trial, the existence of the “duty” is predetermined.

However, the constitutional right to jury trial on fact questions has established overwhelmingly, at least in the U.S., that the determination of whether the behavior of a particular defendant in any given case constitutes negligence is ordinarily a unique question of fact for jury determination. Proving negligence does not, alone, support an award of damages.

The claimant must show that the defendant has breached that duty by not exercising reasonable care. The plaintiff must further show that the defendant’s negligence contributed to cause harm to the claimant. The harm must not be too remote a consequence of the negligence; that is, the negligence must be a “proximate cause” of the harm. Finally, the claimant must be able to establish what kind of damages, or compensation, he should get for his or her harm.

Dram Shop or Social Host Negligence

Dram Shop liability refers to the body of law governing the liability of bars, taverns, liquor stores and other commercial establishments that serve alcoholic beverages. Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third parties, those not having a relationship to the bar, as a result of alcohol-related car crashes and other accidents. Social hosts, private citizens, can also be held accountable knowingly providing alcohol to someone who will have to operate a motor vehicle when he leaves the social host home.

Premises Liability

Premises Liability is the responsibility a land or property owner has for accidents, injury or other incidents that occur on his real property. Real property may include buildings, machinery, wells, dams, pools, mines, canals, curbs and roads, among others. A property owner may also be liable for injuries that occur on his property as a result of conditions like snow and ice, wet floors, concealed holes, insufficient lighting, improperly secured mats or other hazards.

In particular, there are specific policies governing the safety of swimming pools and spas at commercial and private residences. State and municipal laws may vary, but property owners are required to maintain safeguards against drowning. Usually these measures involve enclosures around the pool that may include a fence, wall or screen with a lockable gate.

Premises liability also applies to apartment complexes, sidewalks, road construction areas, elevators, escalators, playgrounds and amusement parks. Beasley Allen has handled a number of serious injury or death cases resulting from accidents in these areas. Serious injuries can range from slip-and-falls to amputations due to improper maintenance of grounds or machinery, a lack of marked safety rules, a lack of security or unclear construction zone markings.


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