Negligence Lawyer

Negligence is a legal term that appears around us all the time – in movies, on the news, and in advertisements. It may sound familiar, but what does it really mean? The definition of negligence is the failure to exercise the care that a reasonably prudent person would exercise in like circumstances.

In normal speak, negligence means someone did something that created a dangerous situation and that person should have known better. Examples of negligence could be:

• Running a red light
• Allowing someone to drive your car while drunk
• Not fixing broken stair step
• Failing to salt an icy sidewalk outside a store
• Failing to supervise children at a daycare

These are all actions that a normal person knows or should have known can lead to injuries.

Understanding Causation

Negligence alone does not mean you have a case. In order to have the basis for a claim, you need to have negligence, injury, and causation. Simply put, did the bad actor’s negligent behavior cause an injury?

Legally, “causation” usually refers to what is known as “proximate cause”. To say that a defendant’s actions, or inactions, were the proximate cause of a plaintiff’s injuries is to say that the defendant either knew or should have known that his actions would cause harm of the type that the plaintiff suffered.

Slip And Fall Case

As an example, let’s assume that someone hit your car in an accident, causing your car to be in a repair shop for a week. During that week, you walk to work when you normally would’ve commuted by car. One of these days, while walking to work, you slip on an icy sidewalk. While you could likely recover against the person who hit and damaged your car for the costs to repair it, you would almost certainly not recover for the injuries you suffered by slipping on ice. This is because it is not reasonably foreseeable by the person who hit your car that you would slip while walking on ice instead of driving your car. A proximate cause would be lacking in this example.

Therefore, a plaintiff in an Oregon negligence action must prove that the defendant reasonably knew or reasonably should have known that their actions would cause harm of the type that the plaintiff suffered.

Has Injury Occurred?

Even if an event has proven negligence and causation, there must be an injury. If there is no harm, there is no case. For example, I could get a call from a potential client who tells me how they were almost hit by a negligent driver, and they are angry and looking to sue. However, almost a collision is almost a case. If they were not actually physically or mentally injured or their property undamaged, they likely do not have enough to bring legal action.

Harm often consists of medical bills, lost wages, and the pain from injury, and is demonstrated through documentary evidence (medical bills, medical reports, and related expenses), testimonial evidence, and expert witnesses if needed.

Let’s Build Your Case

As a seasoned personal injury attorney in Oregon, Paul Galm has handled a wide array of negligence lawsuits and prides himself on holding negligent parties responsible.

If you or a loved one has suffered from a negligent act, reach out to Galm Law and begin the road to relief today.