Each person has a duty of care towards one or more other individuals, at any given time. The failure to deliver the expected level of care represents the essence of negligence. Still, the legal system recognizes numerous elements of negligence. The varied examples for duty of care indicates why there are so many different personal injury claims.
• A teacher has the duty to care for her students.
• A bus driver has the duty to care for the passengers, and also for the other drivers on the road.
• A coach has the duty to care for the members of his or her team.
• A physician’s duty concerns helping to heal and care for any patients.
• A lifeguard’s duty concerns making sure that no one drowns in the water.
• An insurance company has the duty to live up to the promises in each policy-holder’s policy.
• The owner of a restaurant is expected to serve safe and healthful foods.
• A salesperson in a department store should ensure the safety of the customers, even when they are testing a given product.
If a reasonable level of care has not been shown, the responsible person can be charged with negligence. The negligent person pays for damages. If the defendant is an employee, the employer pays for damages. That means that is a salesperson in a department store does not satisfy his or her duty of care, the store can be charged for any damages.
More importantly, if the customer suffered some serious injuries that would mean that the damage had resulted in a large amount of financial damage. That is another element that must be present in a legally-acceptable personal injury claim. Most people do not associate department stores with accidents. Yet an accidental occurrence could take place in such a location. That fact highlights further the vast range of locations in which there might be some type of personal injury accident.
Main Aspects of A Negligence Claim
Irrespective of the way your accident occurred, you are entitled to get damages for the emotional and physical injuries. However, certain aspects need to be cleared. You will need to prove that you were careful yet the other person was careless or negligent and that is why the accident happened. Only then the injury damages will be paid by the other person or their insurance company. If the negligent individual who caused the accident worked for a company, then the employer can be held liable.
Additionally, if the accident happened due to a defective product or on a dangerous property, the manufacturer of the product or the owner of the property will be held liable. Another factor that has to be considered is comparative negligence which comes into focus when you are partially at fault. It is best to allow your personal injury lawyer in St. Catharines to negotiate the settlement on your behalf.