Comparative Negligence vs. Contributory Negligence: What’s the Difference?

Darfoor Law Firm Contributory vs. Comparative Negligence

Contributory negligence is a legal concept that can have an impact on personal injury claims. It refers to a situation in which the plaintiff (the person bringing the personal injury claim) may have contributed to the harm or injury they suffered in some way, such as by failing to take reasonable precautions for their own safety. This can limit or even prevent the plaintiff from recovering damages from the defendant (the person or party allegedly responsible for causing the harm).

On the other hand, comparative negligence is a legal doctrine that may apply in personal injury cases in which both the plaintiff and defendant are found to have contributed to the injury in some way. Each party is assigned a percentage of fault for the injury under comparative negligence, and the damages awarded to the plaintiff are reduced by the percentage of fault assigned to them.

If the plaintiff is found to have contributed to their own injury, even to a minor degree, they may be barred from recovering damages in a jurisdiction that follows the contributory negligence doctrine. For example, if a pedestrian is hit by a car while crossing the street outside of a designated crosswalk and it is determined that the pedestrian was 20% at fault for the accident, the pedestrian may be unable to seek compensation from the driver or their insurance company.

Many jurisdictions, however, now follow a comparative negligence doctrine, which permits for recovery of damages even if the plaintiff is partly to blame for their injury. The plaintiff’s recovery under comparative negligence may be reduced by a fraction of their own fault. In the prior scenario, for example, if the pedestrian was found to be 20% at fault for the accident, they may still be able to recuperate 80% of their damages from the driver or their insurance company.

It is imperative to note that the specific guidelines governing contributory or comparative negligence vary by jurisdiction, and their application can be complicated. If you are pursuing a personal injury claim, you should speak with an experienced injury lawyer who can help you understand the legal insinuations of contributory negligence and how it may affect your case.

To determine the type of negligence that may be relevant to your case, you should consult with an experienced personal injury lawyer. An experienced personal injury lawyer can help you navigate the legal system and guide you with the best course of action.

If you or a loved one has been injured in an accident due to the fault of someone else or negligence, Darfoor Law Firm is here to help you and guide you with the best course of action.

Accidents can be tough to deal with and you need someone who will understand, sympathize, and fight for you.

Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

 

 

 

Understanding Different Types of Negligence: Examples and Implications for Personal Injury Cases

Darfoor Law Firm Types of Negligence

A personal injury case is a legal dispute in which an injured party seeks to recover compensation for harm or injury they have suffered due to the negligent or intentional actions of another party. Personal injury cases can involve a variety of situations and can result in a range of damages, including compensation for medical expenses, lost wages, and pain and suffering.

In personal injury cases, there are several different types of negligence that may be relevant. These include:

Ordinary negligence: Ordinary negligence is defined as the failure to exercise reasonable care, which causes harm to another person. This is the most common type of negligence in personal injury cases, and it can include things like texting and driving or failing to properly maintain a property.
Example; A driver who is texting while driving and rear-ends another car. In this case, the driver failed to exercise reasonable care while operating their vehicle, causing another person to be injured. Texting and driving are considered unsafe activity because it diverts the driver’s attention away from the road and increases the risk of a collision.

Gross negligence: Gross negligence is defined as a significant deviation from the standard of care, indicating a reckless disregard for the safety of others. This type of negligence may result in the plaintiff receiving punitive damages in addition to compensatory damages.
Example; A surgeon who performs a surgery while under the influence of drugs or alcohol, which causes harm to the patient. In this case, the surgeon’s conduct is not only reckless and careless but also a clear violation of professional standards and ethical obligations.

Vicarious negligence: When someone is held liable for the actions of another, this is known as vicarious negligence. This is common in employer-employee relationships, where an employer may be held liable for their employee’s actions while on the job.
For example; a pizza delivery driver is involved in a car accident while making a delivery. If it is determined that the driver was at fault for the accident, the injured party may sue both the driver and the pizza restaurant. Because the driver was acting within the scope of their employment when the accident occurred, the pizza restaurant could be held vicariously liable for the driver’s negligence.

Comparative negligence: Comparative negligence occurs when both parties are partially to blame for an injury. Damages may be reduced in these cases based on the degree of fault of each party.
For example; A pedestrian was texting and did not notice the approaching car, and the driver of the car was speeding and did not notice the pedestrian until it was too late to avoid hitting them. In this case, both the pedestrian and the driver could be held responsible for the accident.

Contributory negligence: Contributory negligence is a legal doctrine that allows a plaintiff to recover damages even if they were partially to blame for their injuries. In most jurisdictions, comparative negligence has largely replaced this doctrine.
Example; A car accident in which both drivers are found to be at fault. For example, one driver could have been speeding while the other was distracted and failed to yield the right of way. A court could rule in this case that both drivers were negligent and thus contributed to the accident.

Professional negligence: When a professional, such as a doctor or lawyer, fails to meet the standard of care expected of their profession, this is referred to as professional negligence or malpractice. This type of negligence is often complicated and necessitates the testimony of expert witnesses.
For example; A lawyer who misses a deadline for submitting an important legal document on behalf of a client may be considered professionally negligent. This error could lead to the client losing the case and incurring financial or other losses. In such a case, the client may sue the lawyer for professional negligence and seek monetary compensation for the losses suffered.

Understanding the various types of negligence in personal injury cases can assist plaintiffs and their attorneys in constructing a strong case and recovering fair compensation for their injuries. To determine the type of negligence that may be relevant to your case, you should consult with an experienced personal injury lawyer.
An experienced personal injury lawyer can help you navigate the legal system and guide you with the best course of action.

If you or a loved one has been injured in an accident due to the fault of someone else or negligence, Darfoor Law Firm is here to help you and guide you with the best course of action.
Accidents can be brutal to deal with and you need someone who will understand, sympathize, and fight for you.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

 

 

Vicarious Liability and Negligence: Who is Responsible for Employee Negligence in Personal Injury Cases?

Darfoor Law Firm Vicarious Liability

Vicarious liability is a legal principle that holds one person or entity liable for another person’s actions. In personal injury cases, vicarious liability typically arises when an employee or agent of a company or organization causes harm to another person through negligence or wrongful actions. In such cases, even if the employer was not directly involved in the harm, the employer or principal may be held liable for the employee’s actions.

This doctrine holds that employers are liable for their employees’ actions while they are acting within the scope of their employment. This means that if an employee causes harm to another person while carrying out their job duties, the employer may be held liable.

In order to establish vicarious liability in a personal injury case, the plaintiff must demonstrate that the employee was acting within the scope of their employment at the time of the harm. Typically, this entails demonstrating that the employee was carrying out job-related duties or acting on behalf of the employer at the time of the incident.

Vicarious liability is an important legal concept in personal injury cases because it allows plaintiffs to hold employers accountable for their employees’ actions. This is especially important in cases where the employee lacks the resources to fully compensate the victim for their injuries or where the employee’s actions were encouraged or condoned by the employer.

Such example; When a doctor performs a medical procedure negligently and causes harm to a patient. Because the doctor was acting within the scope of their employment when the negligence occurred, the hospital or medical facility where the doctor works could be held vicariously liable for the doctor’s failure.

Understanding what type of negligence in a personal injury case you are involved in can assist plaintiffs and their attorneys in constructing a strong case and recovering fair compensation for their injuries. To determine the type of negligence that may be relevant to your case, you should consult with an experienced personal injury lawyer. An experienced personal injury lawyer can help you navigate the legal system and guide you with the best course of action.

Here in Florida, Darfoor Law Firm is always at your legal service.

If you or a loved one has been injured in an accident due to the fault of someone else or negligence, Darfoor Law Firm is here to help you and guide you with the best course of action.

Accidents can be brutal to deal with and you need someone who will understand, sympathize, and fight for you.

Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

 

 

Premise Liability Case: Who’s at Fault?

The owner or occupier of a property may be held liable for injuries that occur on their property as a result of their negligence or failure to maintain safe conditions in premises liability cases. Premises liability cases are similar to negligence cases in that they follow the same basic principles.

A property owner or occupier has a legal obligation to keep their property reasonably safe and free of hazards for those who are legally on the property. This obligation extends to anyone who is invited onto the property, including guests, customers, and tenants. In certain circumstances, the owner or occupier may also owe a duty to others who are not invited onto the property, such as trespassers.

If a hazard exists on the property that the owner or occupier was aware of or should have been aware of and failed to remedy, they may be held liable for any injuries that result. For instance, if a grocery store owner is aware of a spill in one of the aisles but fails to clean it up or warn customers about it, and a customer slips and falls as a result, the owner may be held liable for the customer’s injuries.

However, the injured party must have taken reasonable precautions while on the property. If a person is injured as a result of their own negligence or recklessness, the owner or occupier of the property may not be held liable.

It is critical in premises liability cases collect evidence to support the plaintiff’s claim, such as photographs of the hazard, eyewitness statements, and medical records. An experienced personal injury lawyer can assist in the development of a strong case and the pursuit of just compensation for the plaintiff’s injuries.

In conclusion, the owner or occupier of a property may be responsible for injuries that occur on their property if they knew or should have known about a hazard and failed to remedy it, and if the injured party exercised reasonable care while on the property.

If you’re involved in a premise liability case or you are severely injured due to the negligence of the property’s owner, before taking any further action, you must seek the help of a personal injury lawyer. Your lawyer will help you with what is the best thing to do and guide you all throughout the process.

If you or a loved one has been injured in an accident due to the fault of someone else or negligence, Darfoor Law Firm is here to help you and guide you with the best course of action.
Accidents can be tough to deal with and you need someone who will understand, sympathize, and fight for you.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

Two types of Causation in a Negligence Claim

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Most personal injury cases that are filed were due to negligence. When a person fails to act reasonably under the circumstances and injures another, this is considered negligence. To hold a party financially liable for your damages, you must first prove fault.

Causation is a crucial element in a negligence claim that must be proven by the plaintiff in order to establish liability and accountability on the part of the defendant. The connection between the defendant’s actions and the plaintiff’s injuries is referred to as causation. In particular, the plaintiff must demonstrate that the defendant’s negligent behavior has really caused the plaintiff’s injuries. Causation, in tort law, is where you must prove that the defendant’s actions contributed materially to the events that caused your injury.

There are two types of causation that must be established in a negligence claim: actual cause and proximate cause. Actual cause, also known as “but-for” causation, requires the plaintiff to prove that the injury would not have occurred “but for” the defendant’s negligence. In other words, the plaintiff must show that their injury would not have occurred if the defendant had acted reasonably under the circumstances.
On the other hand, proximate cause requires the plaintiff to demonstrate that the defendant’s negligent behavior was the direct and foreseeable cause of the plaintiff’s injuries. This means that the defendant’s actions must have directly caused the plaintiff’s harm and that the harm was a reasonably foreseeable result of the defendant’s actions. This is the direct cause or factual cause of injuries.
In order to establish causation in a negligence claim, the plaintiff may be required to provide evidence such as medical records, expert testimony, eyewitness accounts, and other pertinent information to demonstrate that the defendant’s actions were the direct cause of their injuries.
It is important to note that even if the plaintiff can prove that the defendant was negligent and that their actions caused the plaintiff’s injuries, the plaintiff may not be entitled to compensation if they contributed to their own injuries. This is known as comparative negligence in some states, and it may limit the amount of compensation that the plaintiff can receive.

In order for you to understand the claim process and how the causation of your injuries can affect your claim, you need the assistance of a personal injury lawyer. A personal injury lawyer will help you with the best course of action and can explain to you the nitty-gritty details of the process.

If you or a loved one has been injured in an accident due to the fault of someone else or negligence, Darfoor Law Firm is here to help you and give you the best service you deserve. Accidents can be tough to deal with and you need someone who will understand, sympathize, and fight for you.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

What is ‘Duty of Care’ in a Negligence Case?

Dafoor Law Firm Personal Injury law firm

In Florida, there are 4 elements of a cause of action for negligence.
1. Legal duty to use due care
2. Breach of that duty
3. Causation
4. Damage / Injury
The concept of “duty of care” in negligence cases refers to the legal obligation that individuals owe to others to act with reasonable care and avoid actions or omissions that could harm them. When there is a foreseeable risk of harm to others as a result of an individual’s actions or inaction, a duty of care exists.

In general, regardless of whether the parties are in a contractual relationship, a duty of care is owed to anyone who may be adversely affected by an individual’s actions. A driver, for example, has a responsibility to other drivers, passengers, and pedestrians on the road, and a doctor has a responsibility to their patients.

The plaintiff in a negligence case must prove that the defendant owed them a duty of care at the time the harm occurred in order to establish a duty of care. This can be accomplished by demonstrating that the defendant had a special relationship with the plaintiff, such as a doctor-patient relationship, that created a duty of care, or that the defendant’s actions created a foreseeable risk of harm to the plaintiff.

After establishing a duty of care, the plaintiff must show that the defendant breached that duty by failing to exercise reasonable care. This means that the defendant’s actions or inaction fell below the reasonable person’s standard of care in the same circumstances.

If the plaintiff can prove that the defendant breached their duty of care and that this breach caused the plaintiff’s injuries, the defendant may be held liable for damages. However, if the defendant can demonstrate that they did exercise reasonable care or that their actions were not the cause of the plaintiff’s injuries, they may not be held liable.

Overall, the concept of duty of care is a critical element in establishing liability in negligence cases, as it sets the standard for what is expected of individuals in their interactions with others and helps to determine whether their actions or inaction were reasonable under the circumstances.

If you seek to understand more about the elements of a negligence case and what to do when you are involved in one, consult a personal injury attorney and he will help you with the best course of action.

If you or a loved one has been injured in an accident due to the fault of someone else or negligence, Darfoor Law Firm is here to help you and give you the best service you deserve. Accidents can be tough to deal with and you need someone who will understand, sympathize, and fight for you.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

Safety Tips for a Romantic Valentine’s Day Celebration

Happy Valentine’s Day to everyone! Cupid is now knocking on each of our doors and yes we love to celebrate his day- Valentine’s Day. Romantic getaways, dinner reservations in a fancy 5-star restaurant, and even a simple pizza takeout and snuggling in bed to watch your favorite rom-com movies are some of our usual plans for celebrating Valentine’s.
Furthermore, we also should keep in mind to practice precautions and safety tips during our Valentine’s date. Enjoying our Valentine’s Day while being safe.
These are some safety tips for a romantic Valentine’s Day celebration:

Plan ahead: Make dinner reservations and prepare for other activities in advance to avoid last-minute rush and stress.
Communicate: Talk about your plans with your partner and make sure you’re both on the same page about the celebration. It takes two to tango. You should both agree to celebrate wherever you and your partner plan to.
Be mindful of food allergies: If you intend to share food with your partner, be aware of any food allergies or dietary restrictions they may have. This is a good tip if you want to get extra points!
Drink responsibly: If you intend to drink, do so in moderation and have a designated driver if you plan to go out. This is very important because if you really want a memorable romantic date, you should also be responsible and respectful of your partner and his/her welfare.
Be cautious with candles: If you plan on lighting candles, make sure they are placed in safe locations where they won’t be knocked over or cause a fire hazard. I know you love a romantic candlelight dinner so better be extra careful if you’re planning to have one.
Use protection: If you plan on engaging in an intense romantic activity, use protection to prevent unwanted pregnancies or sexually transmitted infections.
Be aware of your surroundings: Be aware of your surroundings and keep an eye on your belongings when out in public to avoid theft. You are accountable for your own things so please be mindful of your bags, purses, and any valuable things if you decide to eat out.

If you or a loved one has been injured in an accident due to the fault of someone else or negligence, Darfoor Law Firm is here to help you and give you the best service you deserve. Accidents can be tough to deal with and you need someone who will understand, sympathize, and fight for you.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

Car Accidents on Valentine’s Day: How to Avoid and Handle Them

During Valentine’s Day, flower shops, marts, boutiques, malls, restaurants, supermarkets, roads, and even the sidewalks are very busy. You can see several flower vendors in the streets, and gift shops open till midnight for last-minute shopping. Moreover, as couples and families are planning to celebrate outside their cozy homes, the highways will be occupied by traffic congestion. And unfortunately, car accidents can happen.
Here are some tips on how to avoid and handle Valentine’s Day car accidents:

Plan your route: Plan your route ahead of time and allow plenty of time to arrive at your destination. If possible, avoid rush hour.
Avoid distractions: Keep your eyes on the road and avoid distractions such as texting, eating, or applying makeup.
Drive defensively: Defensive driving entails being aware of other drivers and anticipating their actions. Maintain a safe distance from the vehicle in front of you.
Check road conditions: Before you leave, check the weather forecast and road conditions. Adjust your speed and driving habits as needed.
Designate a sober driver: If you plan on drinking, designate a sober driver or use a ride-sharing service like Uber or Lyft.
Wear your seatbelt: Always wear your seatbelt, and ensure that all passengers do as well.

If you do find yourself in a car accident on Valentine’s Day, here are some tips on how to handle it:

Stay calm: Try to remain calm and assess the situation.

Check for injuries: Check yourself and your passengers for injuries. Call for help or your local hospital if someone is hurt.
Move to a safe location: Move your car to a safe location, such as the side of the road or a parking lot, if possible.
Exchange information: Exchange contact information, such as names, phone numbers, and insurance information, with the other driver.
Seek the help of a personal injury lawyer: seek legal advice from a personal injury lawyer before deciding what to do next. Your lawyer will help you with the best course of action for your case.

If you or a loved one has been injured in an accident due to the fault of someone else or negligence, Darfoor Law Firm is here to help you and give you the best service you deserve. Accidents can be tough to deal with and you need someone who will understand, sympathize, and fight for you.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

Fundamental Tips in Staying Safe while Having Fun; The 5 Dangerous Leisure Activities

Summer is fast approaching. Children will take a long rest from school assignments and parents can take a day off from hustling at work. Is there a nicer way to spend the summer vacation than enjoying the beaches and nature? Well, most of us can think of none.
Holiday and leisure activities can bring excitement and fun, but they can also pose risks if proper safety measures are not taken.
Here are the top 5 most dangerous leisure activities and fundamental tips for staying safe:

Water Sports: Water sports, such as boating, jet skiing, and swimming, can be dangerous due to the risk of drowning and other water-related injuries.
·       Wear a life jacket, follow all boating safety regulations, and never swim alone.

Adventure Sports: Adventure sports, such as bungee jumping, rock climbing, and zip lining, can be dangerous due to the risk of falls and equipment malfunctions.
·       Make sure to use proper equipment, follow all safety guidelines, and never participate in these activities alone.

Hiking: Hiking can be dangerous due to the risk of falls, snake bites, and exposure to the elements.
·       Wear appropriate clothing and footwear, carry enough food and water, and always let someone know your plans before heading out on a hike.

Winter Sports: Winter sports, such as skiing and snowboarding, can be dangerous due to the risk of injury from falls and exposure to the elements.
·       Wear appropriate clothing, use proper equipment, and follow all safety guidelines.

Theme Parks: Theme parks can be dangerous due to the risk of injury from rides and attractions.
·       Follow all safety guidelines, do not participate in rides that you feel may be unsafe, and never ride alone.

You can still enjoy these fun activities while keeping you and your family safe. What’s important is you are able to spend these together and make memories worth treasuring.

If you or a loved one has been injured in a travel accident due to the fault of someone else or negligence, Darfoor Law Firm is here to help you and guide you with the best course of action.
Accidents can be tough to deal with and you need someone who will understand, sympathize, and fight for you.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.

 

Start at Home: Essential tips to do in creating a Safe place for Family

According to the National Safety Council (NSC), motor vehicle accidents, falls, accidental poisoning, drowning, and choking are the leading causes of unintentional death in the United States. And usually, we tend to overlook that these incidents may happen in our very own home.
It was also discovered that most of the dangerous causes of injuries are in our own household. Stanford Children’s Organization explains that scalding tap water, unstable furniture, window blinds, poorly stored chemicals and home trampolines are 5 home safety threats we may have overlooked.
We want the best for our families and thus, we nurture and create a safe and accident-free home environment is essential for protecting the health and well-being of our beloved.
These are the tips that can help us build a safe home;

Install smoke detectors on every level of the home and near every sleeping area. Test them monthly and replace the batteries annually.

Install carbon monoxide detectors near sleeping areas.

Make sure that electrical outlets are covered and that electrical cords are not frayed or damaged.

Keep flammable liquids, such as gasoline and cleaning agents, in a well-ventilated area away from heat sources.

Make sure that all stairways and walkways are well-lit and free of tripping hazards.

Install grab bars in the bathroom to prevent falls.

Keep emergency numbers and a first aid kit in a easily accessible location.

Make sure that all appliances and tools are in good working order and are used properly.

Store household chemicals, such as cleaning agents and pesticides, in a safe and secure place away from children and pets.

Keep the home well-maintained, with repairs made promptly and any necessary upgrades or replacements made in a timely manner.
These tips when followed can eventually help create a safe place for our family. We should always remember that we must begin in our homes, in keeping our beloved safe.
If you or a loved one has been injured in an accident due to the fault of someone else or negligence, Darfoor Law Firm is here to help you and guide you with the best course of action.

Accidents can be tough to deal with and you need someone who will understand, sympathize, and fight for you.

Call us at +1-833-DARFOOR for a free consultation and case evaluation