LITIGATION ATTORNEY

JESSE DAVID EISENBERG, ESQ.


Negligence is one of the most common forms of Civil Litigation.


Negligence is a failure to use reasonable care that results in harm to another party. Under negligence law, there are two different forms of negligence. In one form, a person does something that a reasonable person would not do. In the other form a person fails to take action that a reasonable person would take to prevent harm. Both forms of negligence can result in a negligence lawsuit filed against the party responsible for the damage.


Negligence law states that a person or an organization is generally liable when they negligently injure others. 

If the injured party can prove that the responsible party failed to exercise care that a reasonable party would have, the injured party may be entitled to compensation. If an injured party has suffered due to negligent behavior, a person has the right to be compensated for physical or emotional injury, harm to his property and/or financial status.


Negligence can be divided into the following levels: 

Ordinary negligence means the responsible party has shown a lack of ordinary diligence; Slight or less than ordinary negligence means the responsible party has shown a lack of great diligence; Gross negligence means the responsible party has shown a lack of even slight diligence. 

Most negligent acts are unintentional but others are categorized as willful, wanton or reckless. As well, deliberate judgments that are dangerously careless, such as a faulty building design, could be considered an act of negligence. 

If a defective product is deemed unreasonably dangerous (e.g. faulty seat belt buckles), the manufacturer may be liable, even though the faulty design was unintentional. However, there is no law upon the manufacturer to produce a product that is 'accident-proof.' The manufacturer is required to make a product that is free from defective and unreasonably dangerous conditions. 


There are four important elements to a negligence lawsuit that must be proven:

The defendant owed a duty, either to the plaintiff or to the general public
The defendant violated that duty
The defendant's violation of the duty resulted in harm to the plaintiff
The plaintiff's injury was foreseeable by a reasonable person.

In a negligence action, resulting damages must be proved before recovering compensation.


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