Unintentional Tort Lawyers
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Unintentional Tort Lawyers
An unintentional tort is a civil wrong that is done accidentally, not intentionally. Unintentional torts are commonly referred to as negligence torts.
Why Can a Plaintiff Sue for an Accident?
The term “accident” in personal injury law is a misnomer. The defendant usually causes the alleged accident because they have engaged in some sort of negligence and are not completely innocent in the situation.
What Is Negligence?
Negligence is the failure to act as an ordinary person would in similar or same circumstances. Avoidance of an unintentional tort requires a person to take precautions to avoid carelessly causing harm to other people. Negligence has five elements a plaintiff must prove to have a successful claim:
- Breach of duty
What Are Common Types of Unintentional Torts?
There are several forms of unintentional torts, including:
- Car accidents
- Medical malpractice
- Slip and fall accidents
- Employment negligence
What Are the Defenses to Unintentional Torts?
An individual being sued for negligence can raise a variety of defenses at trial, including:
- Comparative Negligence: This occurs when a plaintiff also acts negligently and contributes to the accident and their own injury. If this defense is successful, the plaintiff’s award is decreased by a percentage. For example, if the plaintiff is found to be 40 percent negligent, their award is reduced by 40 percent.
- Contributory Negligence: This occurs when a plaintiff is negligent in their actions and contributes to the accident. If the plaintiff contributed to their own injuries, then they are barred from receiving any money under this defense.
- Proximate Cause: This is generally used to prove a plaintiff’s case. However, it can also be used by the defendant to show there was an intervening or superseding act that broke the chain of liability. For example, if the defendant crashed into the plaintiff’s car, but they successfully prove that the car had a defect that caused the crash, then the defendant is not legally liable for the crash.
- Assumption of the Risk: This occurs when the plaintiff knows and voluntarily accepts the risks and dangers associated with an activity. The plaintiff cannot recover for their injuries once they have assumed the risk.
Do I Need a Lawyer for Unintentional Torts?
If you are the victim of an unintentional tort, it is in your best interest to talk to a personal injury lawyer. A lawyer can help you understand how to proceed with your case.
Consult a Lawyer - Present Your Case Now!
Last Modified: 07-29-2015 09:02 AM PDT
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