Every day, people are injured in the United States in the workplace, on the roadways, and on properties. Sometimes an accident is just an accident, and nobody is really at fault for the actions. Other times, somebody is legally responsible for injuries due to their actions. If somebody was legally negligent or committed an intentional …
What is Comparative or Contributory Negligence?
When you are involved in an accident, fault is one of the first things that you may consider. Fault is simple to understand: Who was responsible for the accident? Whose negligence played the biggest role? In the end, the person who was at-fault is also the one who must pay the damages caused by their …
Third-Party Lawsuits Explained
What happens if you are involved in a workplace injury due to the negligence of another? Now add in another concern: The person causing your injury is not linked to the company and you wonder how you’re going to recover for your injuries. In most cases, you can still file a workers’ compensation claim through …
Teachers are Responsible for Children’s Educations. But are they Legally Liable When a Child is Injured at School on Their Watch?
Let’s say that your kindergartener is across from the school playing on the playground with all of the other kids. The teacher on duty is sitting in a lawn chair off to the side and decides she’s going to catch up on reading her latest magazine. She fails to keep an eye on the kids, …
Comparative Negligence and Traffic Accident Liability
Let’s consider you are involved in a car accident and you may have been at fault for at least some of the damages. You and the other driver are both injured, your cars have sustained damage that lands them in a shop… what do you do and where do you turn? Now you can find …
What is Negligence?
You may be wondering what the dictionary definition of negligence actually is. Consider a situation in where you become injured and cannot return to work for your injuries. Somebody was involved in the accident and they acted in an overly careless way, contributing to what you went through. Negligence is when somebody acts in this …
Proof in a Negligence Case
What is Negligence? To understand what has to happen in a negligence case, one must understand what negligence actually entails. Under the legal theory of negligence, a careless person will be legally liable for any resulting harm that comes from someone acting in a careless way and causing injury to another person. There are many …
Elements of a Negligence Case
Have you been injured in an accident and feel that a specific defendant was responsible for your injuries through their own negligence? If so, they could be found liable in court. However, first, you will need to prove all the elements of a negligence case. The elements involved in a case typically include Duty, Breach …
Contributory and Comparative Negligence
To understand Contributory and Comparative Negligence, one must understand negligence in general. Negligence is a term that is used to refer to conduct that creates an unreasonable risk of harm to others, and when a standard of care is not met. If you are being negligent and said negligence causes another person to become injured, …
Proving Fault: What is Negligence?
In cases involving accidents or injuries, the legal basis for holding a person or company legally responsible for resulting harm is known as “negligence.” This is most easily known as someone acting in a careless way and causing an injury to another person. Under the legal principle of negligence, the person being carless will be …
Protecting Kids in Foster Care from Abuse and Neglect
How does the law protect kids in foster case and daycare from abuse and neglect? There are astounding statistics surrounding children in daycare and foster care situations that sustain neglect or abuse, according to the National Child Abuse and Neglect Data System (NCANDS). In 2006, an estimated 905,000 children were victims of abuse and neglect. …
Comparative vs. Contributory Fault: What’s the Difference?
The concepts of fault and negligence are always at the center of a personal injury case. Determining fault is a crucial part of not only deciding whether or not you have a case, but also how much that case could be worth. For starters, it is important to understand the underlying concept of negligence. “Negligence” …
What Does "Comparative Negligence" Mean When Determining Who Is Liable for a Traffic Accident?
“Comparative negligence” is the legal term for assigning degrees of fault to each person involved in a traffic accident. If you decide to pursue a personal injury claim after a car accident, comparative negligence will likely come into play. New Jersey’s “modified comparative negligence” system is laid out in NJSA 2A:15-5.2 Under New Jersey’s system, …
What is Negligent Supervision?
Negligent supervision is when someone who has a legal responsibility to supervise others fails to do so in a responsible manner. This can include a wide range of supervisors, including babysitters, daycare providers, teachers, camp counselors, coaches, nannies, and church youth group leaders. Negligent supervision claims can apply to the supervision of children, the supervision …
What is an Intentional Tort?
A tort is defined as an act committed by one party that causes harm to another, including physical injury, property damage, or even damage to one’s reputation. Torts typically stem from negligence, i.e. the careless disregard for someone else’s well-being. Most torts do not deal with intent whatsoever—rather, they focus on the harm caused and …
What is Negligent Infliction of Emotional Distress?
Emotional distress is one of the hardest things to quantify—and one of the hardest things to prove—in order to win damages in a civil suit. But feelings of emotional distress are very real and can affect the victim’s day-to-day life in a major way. Emotional distress includes mental distress, mental suffering, and mental anguish. It …
What is the Federal Tort Claims Act?
Did you slip and fall when you went to mail a package at the post office? According to ‘sovereign immunity’, you cannot sue the government unless the government says you can. However, because of the Federal Tort Claims Act (FTCA), certain kinds of lawsuits against Federal employees are allowed – as long as the employee …