Tort Terms

Negligence

Fairfax Injury Lawyer Brien Roche Addresses Negligence

Brien Roche


Negligence is a tort constituting unintentional behavior that results in injury to another according to personal injury attorney Brien Roche .

Negligence Examples

The inadvertent running of a red light while operating a motor vehicle is an act of negligence.
Likewise, a doctor failing to properly diagnose an illness that should have been diagnosed is negligence. The failure of a property owner to exercise reasonable care in the maintenance of her property is negligence.The failure of a pedestrian on a sidewalk to see a deviation in the sidewalk that is open and obvious is negligence.Negligence is generally defined by the recognition of some standard and the violation of that standard.For instance in the case of an auto accident there generally is some standard that applies in the form of a traffic law or regulation. If that is violated then that act is negligence. In the context of medical treatment generally there is some standard of care that applies. That standard may be established by the professional group that oversees that profession or through expert testimony.If the health care provider violates that standard of care then that is negligence.

Negligence Standard of Care and Breach

The concept of negligence involves not only proof of what the standard of care is but also that the other party breached that standard of care. If there was no breach then there is no negligence.In the case of the surgeon, there must be evidence of what the standard of care is to which the surgeon is held and also evidence of how he breached that standard. That generally requires testimony from another surgeon who has some expertise in the performance of that procedure testifying how the procedure should have been performed.

If you have been injured due to the negligence of another contact personal injury attorney Brien Roche and visit the other pages on this site. For more information about negligence see the pages on Wikipedia.

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Negligence

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