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Personal Injury Blog

  • What constitutes negligence?

    Posted By Page1Admin || 14-Feb-2011

    The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. have over 60 years experience representing individuals injured as the result of negligence. Negligence is defined at acting carelessly or in a manner less than that which would be expected of an individual in similar circumstances acting reasonably. In other words, its "unreasonable conduct" under the specific circumstances that take place that caused an injury. Negligence is easily understood in the context of an automobile accident . An individual who goes through a stop sign or a red light acts less reasonably than what would be expected under those circumstances. We are all expected to stop at red lights and stop signs. In other contexts, such as slip and fall cases or medical malpractice , the standard of care of what is reasonable is not as easily established because written laws do not necessarily regulate the conduct. In situations such as police brutality, slip and fall cases, premises liability, products liability or medical malpractice, the use of experts is frequently required in order to establish was a reasonable person should have done in the same or similar circumstances. That would establish the "standard of care" and the basis to establish whether or not the wrongdoer who caused the injury was negligent.

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