General Negligence

What is General Negligence?

Have you been injured – not in a car, motorcycle or truck accident, or in a slip and fall accident – but through someone else’s neglect, and resulting in harm to you? If so, then you may be the victim of that person’s negligence. General negligence is comprised of claims that don’t fit into one bucket, are not easily defined or categorized, and result in damage or injury to an individual.

In legal terms, negligence is defined as the failure to do something that a ‘reasonable’ (or ordinary) person would do under similar circumstances, or the commission of an act that a reasonable person would not do. Everyone has a duty imposed by law to use reasonable care in conducting activities that have the potential to harm another. Negligent actions ignore this duty and instead put others at risk.

Examples of General Negligence Include:

• Finding glass or other foreign objects in your restaurant meal
• Being injured through the actions of a retail store employee

Often, when someone is injured in a general negligence incident, they may not be sure they have a claim, or what they should do under such circumstances.  In any situation where you have been injured due to the actions of another person or party but are unsure whether they can be held responsible, call Hakim, Toma & Yaldoo. We will help you sort through the details of your situation, determine whether you have a negligence claim against the responsible party, and tirelessly protect your rights while securing the compensation for your negligence-related injuries that you deserve.

How Do I Prove I Have Been Injured in a Negligence Case?

Under the law, if there is enough evidence to prove that an individual was guilty of negligence towards another, and this negligence resulted in injury, the injured party is entitled to recover compensation for the harm done to him or her.

The legal concept of negligence is central to most personal injury cases. When someone fails to exercise an expected degree of care, and that failure results in an injury, that person is said to be negligent. Michigan negligence laws recognize “comparative negligence,” in which recovery of damages is reduced proportionately to the plaintiff’s own negligence.

The Elements of a Negligence Case

While lawsuits for negligence can cover many different scenarios, the elements of a negligence case are the same. To win in court, you must prove the following elements: 

• Duty: the defendant must have owed you a duty of care;
• Breach of Duty: the defendant must have failed to meet that duty;
• Cause in Fact: you would not have been injured but for this failure;
• Proximate Cause: this specific failure (and not something else) must have caused your injury; and
• Damages: you must have actually been injured and suffered some loss.

For example, one of the above elements is damages. This means you must have suffered damages (injuries, loss, etc.) in order for the defendant to be held liable. Even if you can prove that the defendant failed to meet their duty of care, you can’t collect damages if you didn’t suffer any injury or loss.

In many lawsuits, proving these elements can be difficult, and defendants – often insurance companies and corporations – aggressively defend these cases and do their utmost to prevent or dramatically limit the recovery that an injured plaintiff deserves.

Why Hire Hakim, Toma & Yaldoo for My General Negligence Case?

Hakim, Toma & Yaldoo has extensive experience defending the rights of victims of general negligence, helping to prove the elements of negligence, and in obtaining solid results, while providing personalized care and guidance during this difficult and confusing time. Contact us today. We are here to help.