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Welcome to Vegas Lawyer. This site is for people who were hurt in Nevada. Contact us for a free consultation. You may want to read the Nevada Personal Injury Law Introduction on our home page. Also, you can get an overview of the different types of claims such as Wrongful Death, Auto Accidents, Premises Liability, and Products Liability before you explore the Article below if you reached our site through this page.

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  • Negligence Explained In Easy Terms


  • Negligence Explained In Easy Terms

    What is negligence?

    In its broadest sense, negligence means carelessness. But not all carelessness will result in a legal claim for negligence. To recover money damages for negligence, the plaintiff must prove that the defendant had a duty under the law to be careful, that the defendant wasn't careful, that the defendant's carelessness caused the plaintiff's injury, and that the plaintiff suffered damages, like medical expenses and pain and suffering, because of the defendant's carelessness.

    Duty to Act

    • Contractual or legal obligation must exist.
    • Formal - For example, as part of a person's occupation, he or she is required to render emergency medical care.
    • Implied Duty - A duty can often be implied if a relationship exists.
    • "Legal" duty to act - (a) Varies according to state law, (b) Moral considerations, (c) Ethical considerations.
    • Specific state regulations regarding duty to act.
    Duty to act appropriately is determined as: (1) Following guidelines for standards of care (2) Acting as another prudent individual would in that situation.

    Breach of the duty

    Failing to do something is just as bad as doing something poorly in many cases.

    Failure to act - An act of omission

    Failure to act appropriately - An act of commission

    Injury/damages were inflicted

    Physical
    Psychological

    Psychological damage claims can sometimes be worse than physical damage claims!

    The Defendant caused the injury

    The actions or lack of actions of the Defendant caused the injury/damage.

    Reasonable Foreseeabilty is one of the buzzwords in negligence. If a reasonable and prudent person would be able to predict an adverse outcome, that outcome would be considered "Reasonably Foreseeable" and the question of why you couldn't predict the outcome would come into play.

    A More Comprehensive Definition of Negligence

    Negligence means the omission to do something that a reasonable person, guided by those considerations that ordinarily regulate the conduct of human affairs, would do, or the doing of something that a prudent and reasonable person would not do. Negligence is not an absolute term, but a relative one, and whether or not a particular act or omission constitutes negligence depends by definition on the particular circumstances, considering especially the time, place, and persons involved. A determination of negligence is a legal conclusion that can only be arrived at by a court of law.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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