The Role Negligence Plays in Personal Injury Law

Negligence is an extremely broad body of law that can be implicated in almost any circumstance, from criminal matters to traffic accidents and even to professional malpractice. Negligence is defined in the legal context as a failure to exercise the care that a reasonably prudent person would in similar circumstances. In other words, negligence refers to carelessness, rather than intentionally inflicting harm.

In the context of personal injury claims, negligence is a common law principle and the basis for most causes of action. Whether your claim is based on a traffic accident, a slip and fall, or a defective product, the negligence or carelessness of the other party is the basis for a victim’s claim to compensation. Only harm inflicted deliberately is defined outside of negligent conduct. 

Sometimes negligence is a part of a personal injury claim without actually using the term at all. Many laws and statutes are actually embodiments of negligent behavior that have been prohibited. By doing this, rather than having to prove each element of negligence every time a claim arises, we can simply point out that the defendant was violating the statute and therefore acting negligently. Of course, certain conditions, such as emergencies, may warrant breaking the law without being accused of negligence. In many cases, negligence must still be proven at trial.

If you live in the Toronto region and have received an injury, and you would like to discuss your claim with a personal injury lawyer, call the S. J. Chip Petrillo Law Barristers and Solicitors at (888) 309-6576. We provide quality legal assistance in an affordable, efficient manner. Let the experienced counsel of our lawyers help guide you—contact us today to learn how we can be of assistance.

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