This week we'll go a bit further into the topic of Negligence:
Last week during our introduction to this series, we used the term "Reasonable Care."
This legal term can be defined as: The degree of concern for the safety of oneself and others which an ordinarily prudent and rational person would display under the same or similar circumstances.
For example: You're operating a motor vehicle at dusk and visibility is low due to foggy conditions. You don't have your headlights on. As a result, you don't notice a stop sign ahead, and you collide with the rear end of another car. In this instance, you could be found negligent for injuries your conduct caused a person in the vehicle ahead of you - it is reasonable and prudent to have your lights on in these types of conditions.
"Breach of Duty" is another legal term often used in Negligence case. It describes the conduct of a person who caused injuries to someone else by failing to exercise Reasonable Care.
For example: A landowner grants you access to her property. She knows about several uncovered wells around her property but fails to inform you of their existence. You fall into an uncovered well that is obscured by leaves and suffer a paralyzing injury. In this instance, the landowner could be found to have Breached her Duty of Reasonable Care.
If you or someone you know has been injured because of the Negligence of another person, call us for a free consultation.