What is Negligence?
Negligence is one of the most common torts or personal injury claims seen by today’s courts. It is so common because it is incredibly broad. Almost anyone can be found to be negligent in almost any area of life. When doctors are negligent, it’s called medical malpractice. While there are differences and nuances from situation to situation, the basics of negligence remain the same.
The first element of negligence is a duty. In order for a person to be found negligent or liable for an injury, there must have been a duty of care in place first. A duty can be a professional standard that is in place or it can be something akin to a common courtesy. Without there being a duty to the injured party, there is no case for negligence.
Once it is established that there is a duty in place, it must be shown that there has been a breach in that duty. To establish that there has been a breach, it is the jury’s job to compare the actions of the individual accused of being negligent with the actions of the community’s reasonable person standard. This standard is not laid out in stone anywhere but is rather what the jury finds to be a reasonable way of acting in a particular situation.
Third, causation must be proven. There must be a link between the breach of duty and the injuries that occurred. Finally, there must be damages. In some of the personal injury areas, it is not necessary that there be physical damages. Negligence, however, is not one of those areas.
Contact a Wisconsin Personal Injury Attorney
If you have been injured by someone else’s negligence, contact the Wisconsin personal injury attorneys of Habush Habush & Rottier S.C. ® today at 800-242-2874.