Negligence is one of those words that is defined in simple terms, but can get complicated when applied to real life situations.
What is negligence? The law imposes on all of us a duty to behave in a reasonable manner in the conduct of all of our activities. If a person fails to behave in a reasonable manner, they are negligent. If that negligence results in harm to another person, a legal cause of action may arise.
We are all familiar with certain types of negligent conduct giving rise to legal action. Drunk drivers causing auto accidents is the easiest example. The drunk driver breached the duty to operate his vehicle in a reasonably safe manner and caused injury to another.
But there is a truly infinite range of possible conduct which may or may not give rise to a cause of action for negligence.
If a building collapses, was it because of negligent construction by the builder? Defective materials from the supplier? Negligent maintenance by the owner?
If a drug causes dangerous side effects is it because the manufacturer failed to test it properly? Did a doctor fail to follow the instructions? Did the pharmacist give the wrong dose?
If a person is injured by a criminal in an apartment, did the landlord provide adequate security? Was it a situation where better locks, or cameras, or even a guard were appropriate? How much notice of the crime risk was available to the landlord? Can there be negligence when the injury is caused by the intentional act of a criminal?
None of these situations are simple. But all of them represent cases in which Ashcraft & Gerel has successfully pursued claims on behalf of our clients.
If you or a loved one has been injured and you think it’s because of another person’s negligence, don’t try to figure it out on your own. Speak to a professional.
Ashcraft & Gerel has been having these conversations with prospective clients for 60 years.
Call, or contact us right from this web page. We’ll be happy to discuss your case, with no fee and no obligation unless we successfully resolve your claim.