When learning about personal injury claims, you are likely to hear that negligence is the foundation of personal injury law. While this isn’t completely untrue, it does provide a misconception also. In most personal injury cases, one person acted negligently and caused the harm of another person. This harm may have been intentional or it may have been because of a careless act. To qualify for personal injury, a person must breach a duty of care to the other person. For instance, if you are in a car wreck with a vehicle that ran a red light, then he or she breached his or her duty of care.
What Is Negligence?
If a person acts negligently, then he or she acts opposite to what a reasonable person would in the same circumstance. If a person or institution causes an injury, they may have been negligent. Negligent actions often refer to careless ones. A person who acts negligently does not give adequate care to another individual and winds up causing harm.
What Is Strict Liability?
Strict liability can occur when there is little to no negligence. Certain companies and individuals have strict liability. This means that even if they do not act with the intent to harm or if their negligence didn’t cause harm, it is still their fault. An example of strict liability has everything to do with dog ownership. If you own a friendly dog, but he or she bites your guest, then you have strict liability for the injuries that the guest sustained from your dog.
Was the At-Fault Party Negligent?
The foundation of your case does not have to be negligence. If negligence was not involved, discuss it with your lawyer. He or she will help you determine if the other party acted negligently. Generally, negligence involves acting in a way that most people would not. For instance, if you drive while under the influence, you know that you are a danger to others. To drive after drinking is to practice negligence.
When it comes to personal injury claims, you do not necessarily have to prove negligence. You have to prove that the other person had a duty of care and that he or she breached it. This can be done through careless action or because of strict liability. To find out more about your case, you should consult with a personal injury lawyer in Rapid City, SD, like from The Law Office of Clayborne, Loos & Sabers, LLP, as soon as possible.