David Faraci – Discusses the Importance of Understanding Negligence for Your Potential Personal Injury Case
What are some examples of Negligence in Personal Injury Cases?
Construction Accidents: Construction work, while often dangerous, can present unnecessary perils due to negligence on sites, or defective equipment. There can be a variety of hazardous equipment conditions and unsafe working environments on a construction site. Work-related injuries at construction sites are extremely common, with the Bureau of Labor Statistics reporting over 150,000 each year. In 2014 crashes involving vehicles on public roadways were the leading cause of work-related fatalities, accounting for 23 percent of all workplace fatalities, according to the U.S. Bureau of Labor Statistics. If the construction company is not properly following all regulations, inspections and safety protocols, an injured worker may suffer a catastrophic injury, leading to a personal injury claim against a negligent contractor or other third party, in addition to workers’ compensation claims involving the employer.
Medical Negligence (Medical Malpractice): Medical malpractice is another type of personal injury law claim. Medical malpractice occurs when a patient is injured through a negligent act or omission by a doctor, hospital or other health care professional. This can occur due to errors in diagnosis, treatment, follow-up care or patient management. Medical malpractice is the third leading cause of death in the United States according to the Journal of the American Medical Association.
Product liability claims can, in some instances, may be proven absent a showing of negligence in what are called “strict liability” claims. Under strict liability, the manufacturer can be found liable if the product is defective, even if the manufacturer was not negligent or careless in contributing to the product’s defect. In most cases, the injured party must only prove that the product was defective, that the defect existed when product left the manufacturer’s hands, and that the defect caused injury to the injured party who was a foreseeable user of the product.