Negligence is the failure of a person to act as a reasonable person would. Under the law, every person must act with a reasonable degree of care for those around them. Essentially, a person who acts negligently either fails to avoid or minimize the risk of harm to another person by doing something or not doing something.
For example, perhaps Jan and Jack are selling their home and they have an open house planned. Jan and Jack know that there is a sharp metal stake in the ground next to the swing because a jungle gym was previously there and there was one piece leftover. They did not remove the stake, did not tell their realtor, and failed to warn guests about the stake. Unfortunately, a small boy is injured when he runs towards the swing set, trips, and hits his face on the stake. The little boy loses his eye and has massive scarring. He needs reconstructive surgery as well as a prosthesis.
In the example above, Jan and Jack may be found negligent because they failed to do something that would have avoided harm to the young child. Even if Jan and Jack could not remove the stake themselves, they could have warned visitors about its whereabouts and put something up around or over the stake to avoid someone being injured. This is one of countless examples of negligence that may be a source of legal liability.
Further, negligence is not limited to injuries occurring on residential properties. In fact, the theory of negligence applies in almost any scenario. For example, common situations in which negligence is present include: motor vehicle accidents, supermarket slip and falls, swimming pool accidents, playground accidents, bar brawls, hit and runs, bicycle accidents, construction accidents, and accidents involving pedestrians.
Of course, not every scenario is as clear cut as those above, but these standards can be applied to a set of particular facts. Attorneys with experience handling personal injury matters know how to compare the facts of your case with the standards of negligence and recklessness.
Essentially, you have nothing to lose by talking to an attorney, particularly if you are dealing with accident injuries. Our attorneys will review your case and take the time to discuss your potential for a legal claim. We may spot something that you are overlooking or simply aren’t aware of, so don’t run the risk of losing any options.
The Montanari Law Group has been fighting the legal rights of clients injured because of negligent or reckless behavior across Woodland Park, Paterson, Hawthorne, Wayne and across Northern New Jersey for many years.
We offer dynamic and one-to-one legal counsel to meet the unique needs of all our personal injury clients. Fill out our online form or give us a call through our Little Falls office today at 973-233-4396 for a free consultation.