Orlando Personal Injury Law Firm: Negligence Not An Excuse For Injury

Negligence actions arise every day. Negligent conduct occurs in a wide variety of places:

  • Your workplace;
  • Where you shop;
  • The highways;
  • Schools;
  • Vacation resorts and hotels;
  • Hospitals and health care provider offices;
  • Sports facilities;
  • Parks;
  • Government buildings; and even
  • Your home.

Generally, “negligence” occurs when someone acts in a way that a person of ordinary prudence or care would not act under the same or similar circumstances.
Negligence may also occur through omission or failure to take action that an ordinary careful person would have done under the same or similar circumstances. Thus, negligence may result from someone’s acts or failure to act.

For example, in a motor vehicle crash, a driver may be negligent for driving too fast or driving on the wrong side of the road. A driver may also be negligent for failing to act, such as not slowing down, not stopping or not driving on the proper side of the road. Whether the conduct is described in terms of acts or failure to act, the conduct is evaluated under a standard of ordinary carefulness.

It is possible to be partially negligent. In most cases it is not necessary to prove all charges of negligence. Even in partial negligence, a party can be held liable. If you believe that someone has caused you harm due to their negligence, you will normally be required to prove that:

  • The person had a duty to exercise the care of a reasonably prudent or ordinarily careful person under the particular circumstances;
  • The person failed to act accordingly; and
  • The person or company's inaction or carelessness caused your injury and related damages.

What may appear to be a simple negligence action may well present complex legal, medical, insurance and scientific issues. The experienced attorneys at Overchuck & Byron, P.A. are prepared to assist you in evaluating, organizing and prosecuting your potential negligence action to a successful conclusion.

If you or a family member have been injured by negligent action, please send our law firm an inquiry by using the form on our Contact Us or email us. We welcome the opportunity to answer your questions.