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What is Negligence?
Negligence is the failure to use reasonable care, that is, when you
do something that a reasonably careful person wouldn't do under the
circumstances. Reasonable care on the part of a professional, like a
doctor or lawyer, is recognized as acceptable if it follows the
standards of practice in that profession. Otherwise, we need to
look at the definition of negligence under the law.
The Florida Supreme Court, via The Supreme Court Committee on
Standard Jury Instructions, has defined negligence in the following
manner:
"Negligence is the failure to use reasonable care. Reasonable care
is that degree of care which a reasonably careful person would use
under like circumstances. Negligence may consist either in doing
something that a reasonably careful person would not do under like
circumstances or in failing to do something that a reasonably
careful person would do under like circumstances." (Florida
Standard Jury Instructions, 4.1).
It is important to know that courts have determined that there can
be no inference of negligence from the mere happening of an accident
alone. As a plaintiff in a civil suit based on negligence, you
will have the burden of proving by a preponderance of the evidence
that the defendant was, in fact, negligent. There are cases in
which there is a legal presumption of negligence against the
defendant, which the defendant can overcome by presenting certain
defenses. One example of a case where there is a presumption of
negligence against a defendant is a rear-end automobile collision.
In such a case, there is a legal presumption of negligence on the
part of the driver who rear-ended another car. Again, the
presumption can be overcome depending on the defenses presented by
the defendant.
Also, there are a few cases in which there is "strict liability,"
where the standard of negligence does not apply and a defendant can
be held responsible without regard to the "reasonable person"
standard reflected in the definition of negligence. For example, a
dog owner can be held strictly liable for injuries caused by a dog
bite to another.
Having the burden of proving negligence can be problematic in some
cases and easy in others. There are manner aspects to meeting the
burden of proof in a negligence case and there are manner different
means of proving negligence. Important activities to help prove
negligence include proper investigation and witness identification,
use of experts, use of demonstrative exhibits such as x-rays, mri's,
photographs, and medical records, and turning to the law in Florida
for rules and court cases that may help in terms of establishing the
negligence of the defendant as a matter of law.
If you are injured as a result of someone else's negligence, that
person may be liable to you and you have a right to make a claim
against that person or company. If they have insurance, a claim is
made against the liability insurance carrier to resolve the issues
and damages arising from the "insured's" negligence. Insurance
adjusters are true professionals. Their job is to resolve claims
against their clients for as little money as possible.
If you think you have been injured as a result of someone else's
negligence, you should seriously consider seeking the advice of
Kinney, Fernandez & Boire, P.A. We have the experience to properly
evaluate a negligence case, answer all of your questions and
determine the best way to pursue your case in order to prove the
defendant's negligence and obtain payment for your damages. Be sure
to review the attorney biographies for our firm. You will see that
representing individuals in personal injury cases is something our
lawyers enjoy doing and take very seriously. Let us put our team to
work for you.
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