Negligence Lawyer in Florida
When you look at the lingo and terminology surrounding personal injury cases, one word keeps popping up again and again—negligence. A Florida negligence case is something that is pretty easy to define, but it takes more to prove it legally in court. Negligence is the failure of a person to use reasonable care. When this failure results in damage or an injury to another person, then that person can seek restitution through a personal injury lawsuit. Here, the injured party has to prove that the accident was caused by another person’s disregard or carelessness as it pertains to their safety. In order to prove negligence, the injured party has to prove two basic assertions—first that there was a “duty of care” and then that there was a “breach” of that duty by the other party. There are also other elements that must be proven as well, namely causation and damages. For more information contact our Florida negligence lawyer.
What Steps Should I Follow For Successful Negligence Claim in Florida?
The easiest way to explain a negligence lawsuit is to think of it as a four-step process. If the plaintiff (the injured party) can prove all four of these steps, then the chances are good that they will be able to demonstrate that the defendant (the person who allegedly injured the plaintiff) was negligent.
- Duty—The first element that must be proven is whether or not the defendant owed a “duty of care” to the plaintiff. This can include landowners, including landlords who owe a duty of care to those who come on the property, and business owners, who owe a duty of care to those who enter the business, including employees and customers. It also includes drivers who owe a duty of care to those with whom they share the road.
- Breach—The second element that must be proven is that the duty of care was breached by the defendant acting (or failing to act) in a certain way. For instance, if a landlord breaches the duty of care by failing to install handrails on a staircase, then the second element has been met.
- Causation—The third element, causation, is that the plaintiff must prove that the defendant’s actions (or inaction) caused the plaintiff’s injury. For instance, the plaintiff in the previous example has to show that the lack of a handrail on a staircase caused the plaintiff to fall down the stairs.
- Damages—The final element of proof is damaging. In this area, the plaintiff must show that he was somehow injured or suffered damage as a result of the defendant’s actions (or inactions). If with the staircase example, the plaintiff fell down the stairs but suffered no injury, then the fourth element has not been proven. However, if the plaintiff broke his or her leg as a result of the fall, then damages have been established.
How Florida Negligence Attorneys Is here to Determine Your Claim?
The most difficult of the four elements to prove is determining what is considered a true “breach” of care. You must demonstrate that the defendant’s actions failed to meet the required level of reasonable care under the circumstances. (This can also include a defendant’s lack of action. But what exactly is “reasonable care”? This must usually be taken on a case-by-case basis.
At the Florida personal injury law firm of the law offices of Wolf & Pravato, we thoroughly understand the specific regulations, codes, and laws that must be followed by the
people and staff working in public places in Florida. As such, we are able to give a professional opinion as to whether these regulations, codes, and laws have been broken or improperly followed and we can help you determine if your particular case involves a breach of reasonable care. Such a breach can lead to serious injuries, and, in the extreme, even death.
What are the Examples of Negligence?
The Florida negligence attorneys at the law offices of Wolf & Pravato have vast experience dealing with a wide range of examples and specialized areas including daycare, funeral home, security, and workplace negligence. Other examples of negligence include:
- A property owner who let the railing on his deck falls apart. This person then invited friends over for a barbecue and one of those friends leaned on the deck railing, falling and hurting himself.
- A grocery store owner mopped the floor and left it slippery without putting up a “Wet Floor” sign. A customer then slipped on the floor and injured his back.
- A store manager who doesn’t hire security for a Black Friday sale and then encourages things to get really out-of-control, resulting in an injury to a customer.
- A doctor who misreads a patient’s chart and performs the wrong operation on a patient (or who even performs the correct surgery on the wrong patient).
- A drug company releases a drug even though the medicine has not been fully tested and all of the known side effects are not fully listed. As a result, patients who take the medicine become sick.
- A truck driver who fell asleep and ran a stop sign, resulting in his truck striking another car.
- A person who owns a dog with a history of aggressive behavior then takes the dog to the park without properly restraining the animal. As a result, the dog bites somebody.
- A funeral home that cremates the wrong body or who loses the ashes of one of the deceased.
- A hotel that failed to provide adequate security allowed an intruder to gain unauthorized access to a guest’s room resulting in the guest being robbed or assaulted.
- A nightclub with a history of violent incidents and fights doesn’t provide additional security to curb this violence. A fight breaks out and bystanders in the bar are injured.
- A preschool doesn’t have anybody monitoring the children who are playing on the playground. During this unsupervised time, a child falls off of the jungle gym and gets a concussion.
Contact Our Negligence Security Lawyers in Florida For Help:
The law offices of Wolf & Pravato has decades of experience representing our clients who have been injured or sustained property damage as a result of the negligence of others. These claims include both workplace incidents and other such cases. Our experienced law firm rises to the challenge of handling complex and unique cases and offers a free consultation to evaluate your case to see if it might meet the four-element requirements of a negligence claim. Call our personal injury attorneys Florida today for a FREE consultation.
FAQs:
1. What is a negligent injury?
A negligent injury occurs when one person demonstrates a lack of care or recklessness that hurts another person or causes them to suffer loss. If this happens regarding your security on the premises of a business or other entity, you may be able to establish a claim or lawsuit based on negligence. You can hire a law firm whose lawyers can take your case and seek damages on your behalf.
2. What is negligence in personal injury?
When negligence is demonstrated, this usually means a person did not show a duty of care that is owed to another person to protect them from harm. This often leads to cases where one party sues another for personal injuries and damages they suffered. Some people hire attorneys who can help them establish negligence in these cases.
3. What are the four types of negligence?
While negligence is an umbrella term used to describe the resulting actions when someone fails to recognize and carry out their duty of care, there are four types that are widely recognized in law. They are:
- Gross negligence: This type of negligence demonstrates a complete lack of care for others, disregarding their safety or their lives.
- Comparative negligence: This type of negligence indicates two or more parties share some responsibility for what happened. This shared liability can affect what damages are awarded and what percentage of fault is assigned to each party.
- Contributory negligence: This form of negligence prohibited a person from collecting any damages if it was determined they caused an accident. Per the Legal Information Institute (LII), most states have ended their use of this tort.
- Vicarious liability: This form of liability applies when another party is held liable for causing injury, even if that party was not directly involved in the incident. This is often implied in cases involving an employer being held responsible for their employee’s actions while that employee is on the clock.
4. What are some examples of negligence?
Negligence can appear in a number of ways, some obvious and some not. When it involves matters of security, it can be:
- Not checking to ensure that doors are secured with a lock or security system
- Failing to notice unauthorized visitors in a restricted area
- Not having the proper lighting or security cameras in place to promote safety
If you are unsure of what determines negligence in your case, Florida negligence attorneys with the Law Offices of Wolf & Pravato can go over the specifics of your case with you.
5 .What is the average payout for negligence?
There is no average payout for negligence as the monetary outcome of a case depends largely on the circumstances, including the injuries and losses incurred and if fault or liability is established. One of our lawyers can review the evidence in your case to help establish liability and damages to determine the value of your claim or lawsuit.
