Companies that provide services to the public have an obligation to conduct their duties in a way that doesn’t put the people’s health or safety at risk. If a company fails to live up to this obligation, and people suffer losses, then they may be sued for negligence.
However, what is negligence and what types are there?
Legal Definition of Negligence
The definition that Merriam-Webster’s dictionary gives to negligence is “the failure to exercise the care that a reasonably prudent person would exercise in like circumstances.” This definition is close to the legal definition of the word.
The legal definition of negligence is “the failure to take reasonable care to avoid causing injury or loss to another person.” So, if a company that serves the public fails to take reasonable care of their responsibilities, which leads to losses, they could owe an injured party compensation.
Types of Negligence
When consulting with an attorney about the losses you’ve suffered due to a company’s negligence, they will discuss the type of negligence they will use to try to win a settlement. The types of negligence are:
- Gross negligence
- Comparative negligence
- Contributory negligence
- Mixed contributory and comparative negligence
- Vicarious liability
Gross Negligence
This type of negligence is one of the most serious types. It goes beyond carelessness because it shows a lack of concern for the safety of others, in this case, the public.
If your home burns down in a fire because of a utility’s failure to maintain their equipment, then this type of negligence might be used in a lawsuit. A law firm like Skikos Law could help you sue a business to get the compensation you need to rebuild your life again.
Comparative Negligence
Comparative negligence is when the plaintiff is partially responsible for their injuries or property loss. This type of negligence is usually used in personal injury cases, such as traffic accidents, by the defendant’s attorney to reduce the amount of compensation their client will owe.
Contributory Negligence
With this type of negligence, the plaintiff contributed to his injuries or losses. For instance, if he or she ran across a busy street in front of cars and was hit, then they contributed to their injuries. In some cases, they may not be able to collect compensation if this is proven.
Mixed Contributory and Comparative Negligence
In some personal injury cases, the defendant’s lawyer may be able to show that the plaintiff was 50 percent or more responsible for their injuries.
If a plaintiff was in a car accident but had been speeding, which lead to the accident and their injuries, then it may be a case of mixed and comparative negligence. In many states, if the plaintiff is at least 50 percent at fault for their injuries they cannot collect compensation.
Vicarious Liability
This type of negligence is when the defendant is responsible for the actions of another person, such as a child, or an animal. If the plaintiff suffered losses due to an injury or property loss, then they may be able to collect compensation from the defendant.
If you have losses or injuries due to the neglect of a company, such as a public utility, then you need to consult an attorney. They can determine if you have a case and help you get the compensation you need to back on your feet financially.
Hi there! I’m Sethu, your go-to guy for all things tech, travel, internet, movies, and business tips. I love sharing insights and stories that make life more interesting. Let’s explore the world together, one article at a time!
