Negligence occurs if an individual does not behave up to the legal standards expected from an “ordinary reasonable person” in a similar circumstance to protect another person from personal injury. Negligence is different than an intentional tort such as assault or rape, but may include negligent actions such as reckless driving that may also be considered criminal actions and result in a criminal case against the defendant.
To prove negligence you must prove 1) a breach care, 2) the actions of the offending party were not reasonable, 3) the actions caused the injury (proximate cause) and 4) the injury or accident was “reasonably foreseeable” at the time the negligence occurred.
If a person’s willful action causes you personal injury and you can prove they have violated their duty under statutory law, you may be able to file a personal injury claim. In addition, certain intentional actions which cause personal injury may also be considered criminal violations and in addition to civil charges the perpetrator may also face criminal charges. Criminal actions can include: driving while intoxicated, driving under the influence, sexual assault, rape or battery.
Strict liability laws will hold a company who produces or manufactures a product responsible if the product causes an injury regardless if negligence or malice exists. If you have suffered a personal injury due to a product, under product liability laws you do not have to prove negligence, you only have to prove that it was manufactured, designed or produced in such a way that it was dangerous when used in its intended way.
Compensation for product liability claims may apply to anyone who was part of the production of the product including the manufacturer, retailer and wholesaler. Product liability cases have been won due to poor manufacturing, defective products or insufficient instructions for product use.