Negligence is a legal concept that is mostly applied in tort cases to achieve monetary compensation (damages) for physical and mental injuries. Negligence is not the same as carelessness because someone might be exercising as much care as they can, yet still fall below the level of competence expected of them. Negligence is the opposite of diligence. It can be generally defined as conduct that is blameworthy because it falls short of what a reasonable person would do to protect another individual from foreseeable risks of harm. The person causing the car accident is usually negligent.
Comparative negligence– A legal defense that reduces the amount of damages that a plaintiff can recover in a negligence claim based upon the degree to which the plaintiff’s own negligence contributed to cause the injury. When comparative negligence is asserted, the fact-finder, usually a jury, must decide the degree to which the plaintiff’s negligence versus the combined negligence of all other relevant actors contributed to cause the plaintiff’s damages.
In Ohio, if a party is more than 50 percent at fault, recovery is not allowed. The law applies most often to automobile accidents, but comparative negligence may also apply to accidents involving a home or business.
Gross negligence– A lack of care that demonstrates reckless disregard for the safety or lives of others, which is so great it appears to be a conscious violation of other people’s rights to safety
Negligence Per Se- Literally, “negligence in and of itself.” In Ohio, the violation of any specific safety statute, such as a traffic law, is negligence per se. Therefore, in a civil lawsuit arising out of a traffic accident, for example, the plaintiff can prove that the defendant was negligent merely by showing that he or she broke the law governing traffic lights; the plaintiff is not required to show what negligent act or omission of the defendant (inattention, drunkenness, speeding, or whatever) caused the defendant to run the red light.
If you or a loved one has been injured by another person’s negligence, contact Cincinnati Negligence attorney, Scott Mullins for a free consultation.