What Factors Are Used to Determine Negligence in a Negligence Liability Case?

In legal terms, negligence can be defined as a failure to behave with the level of care that someone of ordinary caution would have exercised under the same circumstances. Proving liability for negligence in a court of law can require through investigation and preparation. Contacting a New Jersey negligence liability lawyer is very important if you think your injury might have been caused by someone else’s negligence.

Typically, a handful of factors must be considered when determining if someone can be held liable for negligence:

• Duty: Under the circumstances of the case, does the relationship between the two parties obligate the defendant to act in a certain way toward the plaintiff?
• Breach: If there was a duty between the two parties, did the one responsible for exercising it fail to do so?
• Cause: The person claiming harm must prove that the actions of the defendant actually caused injury.
• Proximate Cause: This is slightly more complicated, but basically, a defendant can only be held responsible for harm they reasonably could have foreseen had they done what they were expected to do.
• Harm: Were there actual damages suffered by the person making the claim?

Here’s an example to help you better understand negligence:

Say you were involved in a rear-end car accident – a drunk driver behind you crashed into your vehicle. Firstly, that driver had the duty to exercise caution on the road and ensure other drivers, pedestrians, and passengers don’t get harmed. He has the duty to obey all New Jersey traffic laws. He breached that duty by driving while intoxicated and then causing harm to you and your vehicle.

Your lawyer can prove cause by showing evidence of the accident, including police reports, your medical bills, your insurance claims, an arrest record, and more. Finally, your attorney will add up the total damages to you and your property to show actual harm was done.

A statute of limitations, or time limit, can apply to negligence liability claims. If you believe you might have suffered an injury because of the negligence of someone else, you have a limited amount of time in which to file a case and seek damages.

Contact a New Jersey negligence liability lawyer at Aiello, Harris, Marth, Tunnero & Schiffman, P.C. at (908) 561-5577 or contact us online at any of our North and Central New Jersey law offices for a free consultation.

Share