What Is Negligence In Personal Injury Cases

Negligence can never be a justification in the strict rule of justice; it is only an accessory for the defense of the accused. There can be no other reason to support this fact, except the inadmissibility of an absurd argument. It’s not a point to counter; it has a truthful basis in so far as the “premise liability” law is concerned.

It is stated in the law that the negligence of the owner of an establishment or property is a ground for a lawsuit which can be pursued by the victim. If proven that the owner has the duty to secure the safety of the person and the security of the property within his premises. If he did nothing to prevent the foreseeable accident, then he could be liable to pay for the injuries or damages of that person. It should, however, be proven first in court that the negligence was really on the part of the owner for and the victim was not the cause. In that case, the owner has no responsibility to compensate. But if both parties are at fault, then the law provides that the owner would share to the expenses of the victim.

The “negligence” may be a simple term to be understood in its ordinary sense, but in legal understanding, specifically, in the issue of negligent security, it is quite broad to comprehend. In order to prove the negligence in some rare cases, there must be a pattern of negligent acts. For instance, if there were already records of robbery in a private establishment which has no CCTV cameras and not enough security guards and the owner neglected this issue and sustain the same practice of operation, and the incident happens again. In this case, there is a negligence on the part of the owner because he had not taken any action to resolve the foreseeable problem. The victim of the robbery could then file a claim for compensation for damages from the company.

Hence, to preclude the the occurrence of negligent security cases, there must be a mutual cooperation between the owner of the establishment and his customers. The owner, as part of his function, should ensure that there are enough security devices, and the place is always in good condition to avoid accidents within his premises. The customer or visitor, on the other hand, should be very cautious in all his acts inside the private or public place.

Though the law is strict and the penalty for its violation is extreme, there is still a “hole” for a crime to exist when safety measures are left neglected. No surprise that because of negligence, the crimes for negligent security in the United States is still rising. There are incidents of stealing of credit cards and other important properties and accidents which have injured or taken lives of the innocent people.

It can be considered as one cause of wrongful deaths and permanent disability for those unfortunate individuals who have put their trust in businessmen or friends who have taken it for granted. The only fight they can pursue is the compensation for their injuries or damages.

Nothing will be awarded to the victim if he doesn’t have a competent attorney on his side who will fight and defend his rights in the court. It is a necessity to hire the best lawyer to secure the due process and fair trial. This kind of attorney is available at our firm.

If you don’t What Is Negligence In Personal Injury Cases to neglect your right for compensation as a victim, or your chance for acquittal as a defendant, call us.