Negligence has been a common cause of accidents both on roads and workplaces. But what exactly is negligence? It is the failure of a person to act with a level of care towards another party, consequently leading to injuries.
However, there are various types of negligence, and you do not need to understand all of them. You need to hire an attorney who will decide on the kind of negligence to sue for. That will depend on your case, and it cannot be the same from one argument to the other.
So, here are five types of negligence you should know.
In this type of negligence, both the plaintiff and defendant are liable for the damage caused by their actions. That means, each of them contributed to the damage to a certain degree. Therefore, as the plaintiff, you should not expect to get awarded full damages.
You will get awarded as the court will see suitable. For example, another driver could hit your car and cause injuries. As the case is, you are liable for compensation according to the law.
However, you will not get full payment should the court determine that you had no seatbelt on during the accident.
It seeks to reduce your compensation according to the level of negligence you contributed. As mentioned under contributory negligence, you do not get the full payment if it is established that you added some degree to the injuries caused by the accident.
Therefore, the court will determine the percentage you contributed to it. For instance, if it is decided that you contributed 40 percent, it means that the same percentage will get deducted from the full compensation. Therefore, you will receive less than you should have.
A combination of comparative and contributory
In this case, the court will determine your contribution to an accident. If, by any chance, they decide that you contributed 50 percent or more, you may not fully receive compensation. Also, it may choose to compensate for half the amount.
This kind of negligence is one in which you are held responsible for another person’s actions. Also, it can involve pets and even employees. With this type of negligence, you become liable because you are legally responsible for the actions taken by the other party.
For example, if your employees act in a certain way in your presence, you will be held liable because you are in charge of them.
It is a more severe type of negligence that is common in the medical field. For example, a medical practitioner leaves a pair of scissors in a patient’s body. That is gross negligence that is severely punishable under the law.
Negligence can take several forms, depending on how accidents happen. It is essential to talk to legal specialists like MG Law when you get involved in a personal injury. They will help classify your lawsuit and help you seek justice.