In this day and age, the term negligence appears everywhere. From car accidents to slip and falls, we see many law firms letting people know that they have the ability to be compensated for the damage caused by their accidents so that they can deal with the resulting bills and harm done. However, not every accident can necessarily be rectified legally. To get a better understanding of how negligence cases work, here is a guide exploring the legal concept of negligence and what guidelines an accident must meet in order to fall under negligence.
Negligence in Canada
In Canada, there is an expectation for people and businesses to exercise duty of care, which means that they need to make sure their actions do not put other people at an unreasonable risk of being harmed. Should you act in such a way that seeks to intentionally or unintentionally harm others, you could potentially be sued for acting negligently. However, it is not always that simple. Negligence may be combated if the person who caused the damage couldn’t have anticipated that their actions would cause any damage and acted as others would have, if they didn’t cause too much damage as a result of the situation, or if they would’ve had to deal with financial or personal implications as a result of attempting to prevent the damage. Overall, some negligence cases are rather clear while some may go either way, depending on the situation and the argument.
Negligence law and how it is categorized
There are different types of negligence, and it is important to know each of them in the event that you find yourself in a situation where you are affected by someone’s negligent actions. Negligence laws in Canada are known as tort laws, laws that are designed to help victims receive compensation for any damages done and it is used by individuals who are claiming compensation. Torts of negligence often occur when people are directly harmed as a result of someone else’s negligent actions. For example, if someone fails to stop at a stop sign because they are preoccupied with something else, they will most likely be found guilty of negligence and will have to pay for the damages experienced by the other person. Torts of negligence may also apply to people who played a smaller role in the situation, such as letting someone who was intoxicated drive, leading to a drunk driving accident. Going even further, you personally may be held responsible for your own negligent actions if you were harmed and will be expected to handle some of your own damages. Negligence is a vast term that covers quite a few accidents and situations and negligence can go beyond just the people involved in the accident. You may even find yourself in a negligence case without expecting it.
What should I do if I am a victim of negligence?
If you find yourself a victim of negligence, the most important thing to do is to figure out exactly what your situation is. Is your case cut-and-dry or are you looking at a complicated situation that could swing either way depending on the decision of the judge? Next, it is important to seek the right legal counsel. For example, if you are dealing with medical negligence, you should seek the help of professional negligence lawyers. The better prepared you are to tackle the case, the better your chances of getting the help you need.