Proving Negligence

Proving Negligence

There are several things for which a person can file a personal injury claim. Tort law distinguishes between intentional harm and negligence. Intentional harm is inflicted by violent behavior, such as assault and battery. Negligence, however, occurs when a person unintentionally injures another party by failing to provide a certain level of care. As far as personal injury situations are concerned, negligence is far more shared.


If you have been injured because of another party’s carelessness, it is important that you receive compensation for your losses. Negligence can occur on various levels in any number of environments. Some examples of negligence include:

o An owner’s failure to restrain an aggressive pet. If someone else’s pet bites you, their negligence is responsible for your injury.

o A company that designs or manufactures unsafe exercise equipment. If a defective product malfunctions and causes an injury to a consumer, the company may be liable for damages.

o An unmarked safety danger on the premises of an formation. If a consumer trips and falls because of unsafe walking ground that did not have proper warning signs, the formation may be liable for injuries resulting from the fall.

Criteria of Negligence

In order to prove another party’s negligence, the following four criteria must be met.

1. You must prove that the negligent party owed you some level of care. Whether it is a doctor, business, or manufacturer, they owe you a standard level of care.

2. The negligent party failed to meet the level of care that they owed you. This can be difficult to prove, depending on the details of your case; however, an experienced personal injury attorney can help you construct a case for this.

3. Your injury was a direct consequence of the other party’s failure to provide you with a certain level of care. This should be fairly clear cut. Eye witnesses and medical records can be used to establish this criterion.

4. You have suffered serious injury. Again, medical records and eye witnesses can be used to prove the extent of your injuries.

In order to win a settlement based on negligence, you must be able to prove all of the above. Once negligence has been established, however, compensation for your losses may be offered in the form of a monetary sum. This amount is typically determined by evaluating the extent of your injuries, including: medical expenses, pain and experiencing, emotional distress, and other related fees.

For more information on proving negligence or how to construct a personal injury case, contact the Oklahoma personal injury lawyers of the Abel Law Firm.

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