Intentional acts and negligence
Negligence
Negligence is the failure to use reasonable care to avoid a foreseeable harm to person or property. Sometimes, someone can be found to be legally negligent without meaning to cause harm. The law recognizes both intentional and non-intentional negligence. Some of the most common examples are negligent vehicle operation that leads to a car accident, truck accident, or motorcycle accident. Negligent property maintenance or security is often at the source of slip and fall injury cases. Other examples include:
- Nursing home abuse and negligence
- Dangerous products
- Defective medical equipment
- Harmful drugs
In a case, there are a few different defenses for negligence. These determine the amount and types of damages that you can be awarded.
- Contributory negligence is the claim that the injured person (the plaintiff) did not take enough care for his or her own safety, which contributed to his or her injuries. In some states, if contributory negligence can be proved, the plaintiff will not receive any compensation in the case.
- Comparative negligence takes into account the percentage of the plaintiff's own fault in his or her injuries to determine a percentage of the compensation that the plaintiff will receive in the case.
- Limited comparative negligence requires that the plaintiff be no more than 50% at fault for his or her own injury.
Intentional acts of personal injury
Intentional harm to a person or property involves the purposeful behavior of one person against another with the intention of harming that person or that person's property.
Intentional acts include:
- Assault
- Battery
- Conversion
- Infliction of emotional distress
- False imprisonment
- Fraud/Misrepresentation
- Trespassing on land
- Trespassing on personal property
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