Negligence

Negligence Lawyers

Advising Negligence Victims with Dedication and Compassion.

What is Negligence:

Negligence is the most common aspect of tort law. It is also one of the hardest to define and declare. Legally, the concept of negligence relates to a party failing to use reasonable due care in order to avoid a predictable harm to another party, place, or thing. A person or business could be declared negligent if they fail to use due care in the applicable fashion for the situation. An example of this is a server pouring a hot coffee into a patron's mug in their hands versus that server pouring a cold beverage into a glass on the table. The server would more carefully pour the hot liquid, i.e. taking "due care" of the situation.

Common Negligence Claims:
  • Motor Vehicle Accidents involving careless driving
  • Slip and Fall accidents on other's property
  • Medical Malpractice
  • Alcoholic Beveridge Over-serve Liability

Types of Negligence

In personal injury lawsuits a judge, or jury, decides who is at fault for the accident and injury. More than one party can be negligent in a situation, sometimes even the claimant. The court will declare a percentage of negligence for each party and award damages as decided by their state system of fault. In Florida that is the doctrine of pure comparative fault. The four most common fault systems used in the United States are: 
  • Pure Comparative Fault
  • Contributory Negligence
  • Modified Comparative Fault 50 Percent
  • Modified Comparative Fault 51 Percent

Negligence Law FAQs

Frequently Asked Questions

For specific information about your situation contact Ratamar & Millian, P.A. Here are some general FAQ you may find helpful regarding negligence laws. 
  • What is the Burden of Proof?

    The Burden of Proof lies with the plantiff on all negligence cases.

  • What must be shown to prove negligence?

    The responsible party must have a duty to use due care with you, and did not follow it. The injury was foresable, and you were injured in the incident.

  • What if I am partially at fault for my injuries?

    The court will decide percentage of fault via the comparative  negligence system. The plaintiff will be awarded damage compensation based off the percent of fault of the responsible parties. 

  • How is negligence defended?

    The two main defenses are Assumption of Risk and  Open and Obvious Danger.  If a plaintiff is participating an activity that is known to be dangerous the defendant could claim they assumed the risk. If the potential danger is informed and ignored by the plaintiff it is then possible for the defendant to claim there was open and obvious danger.

Other Area's of Injury Law Expertise:

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