The law does not look kindly on those that have been careless and neglectful. In fact, the legal system has established a means for punishing an obvious demonstration of negligence. Still, such a punishment cannot be sanctioned, until the negligence has been proven.
How is that proof produced? During a trial, lawyers present evidence that is supposed to prove their case, their side of the story. The jury hears the evidence and announces its verdict. Negligent defendants can be charged with liability for the victim’s damaged body, property or lifestyle.
Features of action that equate with negligent behavior
The person that became careless and neglectful had been handed by society of duty of care towards certain men and women. One person that deserved such care was the person that got harmed by the guilty party’s negligent behavior.
The guilty party’s behavior sent a clear statement. It indicated that the harm done to the victim resulted from the guilty party’s unwillingness to follow through with delivery of the expected duty of care. If that duty of care had not been ignored, then the victim would not have been injured. The careless and neglectful actions caused the victim’s injuries.
A closer look at the features that define negligence
What is a duty of care? That is the obligation made on all members of society to act in way that does not cause harm to someone else. Failure to follow through with such an obligation can take the form of a deliberate act. Evidence of neglectful behavior can also be found in a failure to act, despite awareness of the need for action.
According to the law, the person that sees a need for action should use reasonable measures, in order to satisfy the obvious need. If someone has been charged with negligence, the courts would take a close look at what might have happened, if the charged man or woman had not been careless and neglectful. To put it in the form of a question: Should it be said that only introduction of his or her actions could have triggered the injury-making occurrence?
This last feature relates to the location of the person being charged with negligence. Did he or she carry-out those injury-making actions in the presence of the victim? Did he or she actually direct such an action in the direction of the victim’s body? A yes answer to both questions would support the charges that remain to be proven in a trial.
The role of the lawyer in the making of a liability charge
The lawyer for the plaintiff needs to prove existence of all three of the features that are linked to a neglectful and harmful act. The lawyer for the defendant tries to refute the claims made by the plaintiff’s lawyer. The jury listens to arguments from both Personal Injury Lawyer in Lindsay and then shares its verdict with the judge.