Many personal injury cases arise under a theory of liability known as negligence. Indeed, in order to win damages in a wide variety of personal injury cases in New Mexico, you will be required to show that the defendant was negligent. The way in which you prove negligence will vary depending upon the type of personal injury lawsuit and the circumstances of your injury. However, regardless of the type of personal injury lawsuit, you will essentially be required to prove that the defendant failed to exercise reasonable care under the circumstances, and your injuries resulted from that failure.
To be clear, a negligence claim is not based on a person’s intentional wrongdoing. While you may also be able to file a civil lawsuit known as an intentional tort claim when you suffer a personal injury caused by intentional wrongdoing, negligence claims are based on a failure to act reasonably or safely as opposed to an act of intentional harm. What else do you need to know about negligence claims in the Santa Fe area? Consider some of the following information that explains how negligence is defined and what may constitute negligence in various types of injury claims.
Defining the Term “Negligence”
The term “negligence” has slightly different definitions depending upon the source, but there is a general understanding of the term across various sources. For example, the Cornell Legal Information Institute (LII) defines negligence as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” As the LII explains, “the behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct).”
Similarly, dictionary definitions focus on ordinary care and the behavior of a reasonable person. According to Merriam-Webster, negligence is defined as the “failure to exercise the care that a reasonably prudent person would exercise in like circumstances.” Collins likewise defines negligence as “carelessness in manner or appearance; indifference” or “failure to use a reasonable amount of care when such failure results in injury or damage to another.”
In sum, negligence involves a person’s failure to do what a reasonable person would have done under the same or similar circumstances. Depending upon the type of accident or injury, negligence can have different particularities.
Understanding Negligence in Different Personal Injury Contexts
How does negligence become more specific in relation to various types of personal injuries? The following are some examples:
- In premises liability, negligence usually means a property owner’s failure to maintain the premises in a reasonably safe manner;
- In medical malpractice, negligence usually means a health care provider’s failure to act as another provider in a similar field and region would have considered reasonable; and
- In auto accident claims, negligence often means a driver’s failure to act as a reasonably safe motorist would have behaved behind the wheel in the same or similar circumstances.
Contact a Santa Fe Personal Injury Lawyer
To learn more about the elements of a particular negligence claim based on your personal injury, you should get in touch with a Santa Fe personal injury attorney who can help. Contact Slate Stern Law for more information.