General negligence can be defined as any situation in which a person’s unreasonable action or refusal to act causes or contributes to the harm of someone else. Many different situations can fall under the category of general negligence, and these cases may include:
- Dog bites (most dog bite cases don’t even require that the dog owner be negligent in order to result in liability)
- Slip and fall accidents
- Medical malpractice cases
- Drowning due to lack of supervision
- Automobile accidents
- Security negligence
- Negligent supervision
While these are just some of the cases that can be considered to be in the category of general negligence, there are many other situations that could be placed under the category as well. When a person experiences an injury, or death, due to the negligence of another person, they or their families are often entitled to fair compensation under the general negligence laws of Orange County.
General Negligence and Responsibility
It is often the responsibility of the property owner, animal owner, medical practitioner, or any type of person in charge of overseeing a situation to make sure that the people under their care or control are safe from unreasonable risk from harm. When people act irresponsibly in these circumstances, cases of general negligence can arise if another party is caused injury or death by the other party’s irresponsible actions or failures to act.
In cases of general negligence occurring on the premises of businesses or hospitals, a certain standard of care and safe conduct should be expected by the injured party, and when this standard is not met, general negligence cases can arise. In these situations, cases are most often slip and fall accidents, premises liability accidents, or malpractice cases, and the injured parties are often eligible to bring a claim and/or file a lawsuit against the offending party in order to receive compensation for their injuries.
Businesses and General Negligence
Businesses have the responsibility to keep their employees and customers safe from harm or hazards by performing routine checks and safety inspections of their property. These checks and inspections allow business property owners to become aware of any hazards that may pose an unreasonable risk of harm to people who come onto their property, and they give the business owners an opportunity to remedy the situation or provide adequate warning that there is a risk of harm.
When business owners unreasonably fail to warn of these risks or fix any hazardous conditions, they run the risk of being held legally accountable for general negligence should someone become injured on their property. If a judge or jury finds that the business was negligent, this can result in businesses paying out large settlements to the injured party to cover medical expenses and other related costs.
Negligence Due to Medical Malpractice
General negligence in medical malpractice cases is particularly devastating to the injured party. Negligence committed by a doctor or other medical staff can result in serious injuries, complications, and even death, which in turn can cause a great deal of financial and emotional stress to all parties involved. Malpractice cases can stem from negligence related mistakes in a variety of medical fields, from anesthesia errors to incorrect medicinal dosages, to failure to order appropriate diagnostic testing in light of a patient’s presenting symptoms. Malpractice-related questions result in a large number of calls to attorneys by concerned patients throughout the Orange County region and other regions across the United States.
General Negligence and Dog Bites
Dog bites cases are common throughout the Orange County area. Pet owners are generally legally responsible for injuries caused by their animals, with some notable exceptions. Pet owners must always keep their dogs properly controlled and restrained while out of the home, and proper warning should be given to others should they wish to interact with any dog.
Cases resulting in liability against dog owners most often involve dogs who are allowed off leash outside of the owner’s yard or who are otherwise improperly restrained, causing the dog to be able to break free from their owner and harm another individual. Injuries in dog bite cases can range from mild ones to all the way to fatalities. People suffering from these types of injuries can often receive compensation from the responsible party by way of a negligence lawsuit.
Automobile Accidents Involving Negligence
In the case of automobile accidents (or trucking accidents), it may prove more difficult for the injured party to prove that the accident was caused by the offending party’s negligence. Many different factors can come into play in automobile accident cases, and these cases can sometimes become more complicated than they initially appear when trying to establish negligence on the offender’s behalf. The identity of the insurance carrier for the opposing party can also be a complicating factor. One major carrier frequently argues, even in cases of clear liability, that its insured was not at fault or was only partly at fault.
Some common ways that negligence is often established are by showing that:
- The responsible party refused to adhere to traffic laws
- The other driver refused or failed to stop at a red light or stop sign
- The other driver failed to follow at a safe distance
- The other driver failed to watch for pedestrians
If it can be proven that the party responsible for the accident failed or refused to follow traffic laws, and that failure caused or contributed to the accident of traffic, a general negligence lawsuit can be brought on behalf of the injured person, or people, to cover the costs of their medical expenses, the pain and suffering that results from their injuries and other related expenses.
General Negligence Cases And The Right Attorney
In the Orange County region, it is important for a person to find the right attorney when pursing a general negligence case. These cases can sometimes be difficult to prove, and the right attorney can help the injured party in making sure his or her case gets a fair day in court. In addition, an attorney specializing in negligence cases can help a person to make the important decision as to whether to settle or to take a case to trial, taking into consideration all of the evidence at hand, the potential case value, any pending settlement offers, and the cost of trial.