WHAT IS NEGLIGENCE?

“Negligence” is a term we often hear in the context of personal injury. Like a lot of legal terminology, the term “negligence” can be intimidating. Its legal definition can be equally intimidating. For instance, Indiana’s courts have defined “negligence” as a failure to exercise that degree of care a person of ordinary prudence would exercise under like circumstances or the doing of some thing which a reasonably careful and prudent person would not have done under the same or like circumstances; in other words, negligence is the failure to exercise reasonable and ordinary care. E.g., LaNoux v. Hagar (1974).

So, what does “reasonable and ordinary care” mean? Essentially, it means abiding by the rules of society as stated in its laws, regulations, and court decisions, and by the accepted norms of society. Negligent conduct could be driving through a red light, switching lanes without checking their blind spot, backing up their vehicle without looking, not removing snow and ice from their driveway or parking lot within a reasonable time, not drying liquid that has fallen on the floor within a reasonable time, or not keeping their dog or pet under control, people and businesses are negligent every day. In other words, if a person or business has acted or failed to act in a way that violates these “rules of society,” and another person is injured, then, they may have been “negligent.”

Unfortunately, sometimes when people or businesses are “negligent,” innocent people get physically hurt or suffer financial damage. If you think you have been injured or damaged because of another person or business’ negligence, it is important that you contact an attorney immediately. The attorneys at Withered Burns, LLP are happy to sit down with you and advise you of your rights.