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What is “Negligence” in a Personal Injury Case in New York?

“Negligence” is one of the grounds on which a personal injury case can rest. So it is imperative that you understand what “negligence” means and how it can affect the outcome of your case. In a nutshell, negligence means an act of carelessness that can lead to an accident that many injure another person for no fault of his. However, in the context of a personal injury case, negligence has subtle nuances and wider implications.

The following is some basic information about the clause “negligence” in a personal injury case in New York:

What is “Duty of Care” in a Negligence Claim?

The concept of “duty of care” is firmly implied within the negligence claim. Person A cannot be held liable for the injuries of person B if protecting B did not constitute his “duty of care.” For instance, if person B is at a place where he is not supposed to be when the accident occurs, like within the premises of a production facility that he is not authorized to enter, then it is not A’s duty of care to protect B. In this case, A cannot be held liable for B’s damages.

So if you intend to file a person injury case, you have to also prove that you had rightful business to be where you were at the time of the accident and were doing what you were authorized to do. When you prove this, you can press charges against someone for breaching the “duty of care” clause and being negligent.

What does Exercising “Reasonable Care” Mean in a Negligence Claim?

A claim of negligence also implies that the person did not exercise reasonable care while dispensing his duties, which led to the injury of another person. Exercising reasonable care means that a person has been reasonably careful while dispensing his duties and so, cannot be held accountable for the injuries of another person that may have occurred while he was performing his duties. This standard, however, varies depending on circumstances.

For instance, a basketball player accidentally hits a spectator sitting in the stands while passing the ball to his teammate and injures him (the spectator). But passing the ball is a part of the game, and it can be assumed that the player had exercised reasonable care when throwing the ball. In this case, he cannot be held accountable for the spectator’s injuries. In fact, many people may say the spectator should have been paying more attention!

On the other hand, the player may throw the ball at the spectator in a fit of rage and injure him. This constitutes a breach of the reasonable care clause because exhibiting anger by throwing balls around is not part of the normal game and the spectator is not part of the game but a spectator.

Who is at “Fault” in a Negligence Case?

Apart from the person who has injured you by not following his standard “duty of care” responsibly or by not exercising “reasonable care,” his employer, if he was acting as part of his job duties and/or during business hours, can also be held at “fault” for your injuries. In cases of accidents that have occurred on dangerous properties, the owner of the premises can be held accountable while the sellers of a defective product are also at “fault” like the manufacturer.

Knowing the implications of these various concepts inherent in the term “negligence” in a personal injury case in New York will help you put together an airtight case.

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Julio Ochoa
20:49 18 May 23
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Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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