Through no fault of your own, you have sustained significant injuries, which strongly suggests that you consider a personal injury lawsuit. But before you do so, you should have a basic understanding of what Connecticut law considers as negligence. For more information on the definition of negligence, please continue reading, then contact an experienced Fairfield County, Connecticut personal injury lawyer today. Some questions you may have include:
Negligence is a legal concept that state law generally defines as when a person acts carelessly and his or her actions harm another person. Examples of negligence include accidents involving:
- Motor vehicle collisions
- A slip and fall in an area that a custodian has just mopped without posting warning signs
- Medical malpractice
- Defective products
- Hazardous working conditions
Because those responsible were not upholding the standard of care that society requires, injured individuals can hold these parties at least partially at fault for their injuries.
In order to prove that a defendant’s actions or inaction rose to the level of negligence, the plaintiff and their qualified legal team must first prove that the defendant owed the plaintiff a duty of care. Some examples of duty of care include:
- In a slip and fall case, a property or business owner has a legal obligation to keep the premises free from known hazards and must act within a reasonable time to discover and remedy other dangers as they present themselves.
- In a medical malpractice case, a doctor or other medical professional must provide treatment that meets the applicable medical standard of care, i.e. the hypothetical practices of a reasonably competent health care professional in the same medical specialty.
- In a defective product case, the manufacturer, distributor and seller of a consumer product all have a legal duty to produce and sell products that are free of unreasonable or unexpected dangers to consumers.
Next, the plaintiff must prove that the defendant breached that duty of care. In other words, the plaintiff must show that the defendant’s conduct was unreasonable under the circumstances. For example, a property or business owner who fails to regularly inspect their property for potential hazards or who fails to rectify them when notified is acting negligently.
Once they have established this element, the plaintiff must show that they suffered real injuries and/or financial harm as a result of the defendant’s breach. In Connecticut, we have two primary classification of damages: 1) economic damages (past and future medical bills, lost wages, and loss of earning capacity); and 2) non-economic damages including physical pain, emotional suffering; loss of enjoyment of life’s leisure activities; and permanent disability and impairment.
If you find this at all confusing, speak with a member of our firm today.
Contact Casper & de Toledo today to schedule your free initial consultation with our seasoned traumatic brain injury lawyers.