UNDERSTANDING THE LEVELS (or Types) of Negligence in Personal Injury Cases
When you have a personal injury claim in Pennsylvania, negligence is a key factor. Negligence occurs whenever a party fails to uphold the standard of care needed to avoid a foreseeable harm. Negligence does not have to be intentional. A person may be found negligent even if they did not intend to harm another person.
For example, if someone hurt you in a car accident in West Chester by driving through a red light, that shows negligence. The term negligence means failing to take proper care in doing something. In order to prove negligence, we must prove the existence of the following four elements in Pennsylvania:
- Duty of Care: the legal requirement to act safely
- Breach of the Duty of Care: the failure to meet that duty of care
- Causation: the negligence of the other party caused harm; and
- Damages: the victim of the other party’s negligence was harmed – economically and non-economically.
But not all negligence cases are the same. In personal injury law, we look for different types of negligence: ordinary negligence, negligence per se, vicarious negligence, and comparative negligence.
Ordinary Negligence: The Everyday Carelessness
Ordinary negligence is the most common type. It’s when someone fails to take reasonable care, and that leads to injury. The key here is that someone did not intend it. This is the type of negligence that happens when people don’t mean to cause harm but don’t act as carefully as they should.
For example, imagine a driver running a red light and causing a crash. The driver did not intend to hurt anyone. However, by not following the road rules, they caused an accident. That’s ordinary negligence in action.
Gross Negligence (recklessness) is a step beyond ordinary negligence. This happens when the other party acted with a reckless, or conscious, disregard for the safety and well-being of others. For example, imagine a driver speeding through a school zone at 50 mph, even though they know kids are around. That’s gross negligence. The driver is aware of the danger but ignores it, acting recklessly and causing harm.
Negligence Per Se: Breaking the Rules and Causing Harm
Negligence per se is a bit more straightforward. It happens when someone breaks a law or rule meant to keep people safe. This violation directly causes harm. In these cases, we need to show that someone broke the law and that this action caused injury.
Let’s look back on the tragic case of Chester County resident, Miranda Pugliese. According to Fox News, the driver was using their cell phone, and ran a red light, causing a pickup truck hit their car. The driver might not have tried to be careless, but they broke the law, and the consequence was fatal.
Comparative Negligence: Understanding How Fault Affects Your Recovery
In Pennsylvania, we use modified comparative negligence. The person bringing the case can recover damages even if they are partly at fault. Their recovery is reduced by their percentage of fault. If it is determined that the Plaintiff’s fault is greater than that of the other party they are barred from recovery.
What Should You Do if an Injury Occurs?
The types of negligence in a personal injury case can change how much compensation you receive. Understanding the differences between proving negligence per se and deciding if the defendant acted recklessly is important. This knowledge can help you build a stronger case. It can also give you a better idea of what to expect in the courtroom.
Remember, if you suffer an injury, you don’t have to go through it alone. Get in touch with us, and we’ll help you understand your case and your options. At Donaghue & Labrum, we are here to help you with the legal process. We want to make sure you get the compensation you deserve.
We have two decades of experience with personal injury cases. Don’t hesitate to contact us for a free consultation. We’re ready to fight for you.