Negligence is a broad term used to describe a form of conduct which often results in injury to another. Essentially, it is the failure to conduct oneself as would another in the same or similar circumstances. Negligence can take many forms and does. Negligence is a means by which to categorize actionable behavior when the behavior either falls below the standard of care or is in direct violation of a statute, rule or ordinance that prescribes that behavior which is acceptable. If you were injured or damaged by someone else's negligence, we at EISENBERG LAW FIRM can help!
The laws of our society place demands on all citizens not to harm others. This means that not only should people be safe from harm, but their possessions should be safe from harm as well. Whenever someone else harms you or something that belongs to you, they become liable in tort for the damage they caused. Liability can be predicated upon intentional acts, negligence or violation of a statute. An intentional act is one designed to cause harm or injury. Typically, the person committing the act wants to harm you or someone else but in the process harms you. A negligent act occurs when someone fails to take appropriate action (or fails to act when required) and you are harmed as a result of that failure. For instance, if an angry person throws a brick through your car window, that is an intentional tort (and likely a crime). On the other hand, if a careless driver runs into your car, his or her actions constitute negligence. In the first case, the defendant wanted to cause an injury; in the second, the defendant did not want to injure you but failed to take appropriate action to prevent injury. In both cases, the defendant had a duty not to injure you or your property. The duty was breached by the intentional or negligent actions of the defendant, and damage to your person or property resulted.
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The car accident, automobile accident, aviation accident, airplane crash, catastrophic injury, toxic tort, personal injury, wrongful death, medical malpractice, nursing home negligence, negligence, product liability, hospital negligence, funeral home negligence or other legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a personal injury attorney or wrongful death lawyer at our Southern California law firm.
California Negligence Lawyers