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.Please Contact Us Today, So We Can Discuss Your Situation!