To make a successful personal injury claim, you must prove that the other party was negligent. But what does that mean? What are the different types of negligence? In this blog post, we will discuss the four main types of negligence: contributory negligence, comparative negligence, intentional tort, and gross negligence. We will also provide examples of each type of negligence so that you can better understand what they are.
Contributory Negligence
Contributory negligence is when the plaintiff (the person filing the personal injury claim) is partially at fault for their injuries. For example, if the plaintiff was not wearing a seatbelt at the time of the accident and sustained injuries, as a result, their damages may be reduced by their percentage of fault. In some states, if the plaintiff is found to be even 1% at fault, they will not be able to recover any damages. It is important to note that contributory negligence is a defense that can be used by the defendant (the person being sued) in a personal injury claim. In other words, if the defendant can prove that the plaintiff was even partially at fault for their injuries, the plaintiff may not be able to recover any damages.
Comparative Negligence
When determining whether or not the plaintiff is entitled to damages, some states use a doctrine called comparative negligence. With comparative negligence, the court will compare the plaintiff’s fault to the defendant’s. A good example is when two drivers are involved in a car accident, and both parties are found to be at fault. If one driver is found to be 50% at fault and the other driver is found to be 50% at fault, the court will use comparative negligence to determine how much each party is responsible. This differs from contributory negligence, which would completely bar the plaintiff from recovering any damages if they were even 1% at fault. Also, it is essential to note that there are different types of comparative negligence, such as pure comparative negligence and modified comparative negligence.
Intentional Tort
An intentional tort is when the defendant intentionally causes harm to the plaintiff. This can be either direct or indirect. For instance, if the defendant punches the plaintiff in the face, that is a direct, intentional tort. If the defendant gives the plaintiff false information that leads to the plaintiff being harmed, that is an indirect intentional tort. It is important to note that for the plaintiff to recover damages in an intentional tort claim, they must be able to prove that the defendant intended to cause them harm. Simply put, accidental injuries do not count as intentional torts.
Vicarious Negligence
Also referred to as “vicarious liability,” vicarious negligence is when the plaintiff is injured as a result of the negligence of someone else. When is someone else liable for the negligence of another person? The most common example is when an employer is held liable for their employee’s negligence. Another example is when a parent is held liable for their child’s negligence. It is important to note that for the plaintiff to recover damages in a vicarious negligence claim, they must be able to prove that the defendant had a duty to the plaintiff and that they breached that duty, which led to the plaintiff’s injuries. In some cases, the plaintiff may also have to prove that the defendant had a “special relationship” with the person who caused the plaintiff’s injuries.
Gross Negligence
When the defendant’s negligence is so great that it rises to the level of recklessness, it is considered to be gross negligence. In some cases, gross negligence can even be considered to be intentional. Part of the essential elements of negligence is that the defendant must have owed a duty of care to the plaintiff. With gross negligence, however, the defendant’s breach of that duty is so significant that it is tantamount to intentionally causing harm to the plaintiff. As with other types of negligence, the plaintiff must prove that the defendant’s gross negligence led to their injuries to recover damages.
Negligent Infliction of Emotional Distress
This is a type of negligence that can be difficult to prove. For the plaintiff to recover damages, they must show that the defendant’s negligence caused them to suffer from emotional distress. This can be difficult to prove, as there must be some physical manifestation of the emotional distress, such as anxiety, depression, or insomnia. Additionally, the plaintiff must show that the defendant’s negligence was the direct cause of their emotional distress and not just a contributing factor.
These are just a few types of negligence that can lead to a personal injury claim. If you have been injured due to someone else’s negligence, you must speak with an experienced personal injury attorney to discuss your case and determine the best course of action. An attorney can tell you what types of negligence may apply to your case and help you recover the compensation you deserve.
