What is negligence legally?
Negligence is a legal concept that is fundamental to personal injury law. It refers to the failure of a person or entity to exercise reasonable care, which results in harm to another person. Negligence is one of the most common legal theories used in personal injury lawsuits, and it plays a critical role in determining liability and damages.
What is the history of legal negligence?
Negligence law has a long and complex history in the United States. In the country's early days, there was no concept of negligence as we understand it today. Instead, disputes were typically resolved through duels or physical fights. This changed in the late 19th century when courts began recognizing negligence as a distinct legal theory.
The origins of modern negligence law can be traced back to England, where courts began to recognize the concept of "negligent misfeasance" in the 18th century. This concept held that a person could be liable for harm caused by a failure to exercise reasonable care in performing a duty. Over time, this concept was expanded to include "nonfeasance" (failure to act) and "malfeasance" (intentional wrongdoing).
In the United States, negligence law began to take shape in the early 20th century, when courts began to develop a framework for determining liability and damages in personal injury cases. Four elements are required to establish a prima facie case of negligence: 1. Duty - the existence of a legal duty that the defendant owed to the plaintiff 2. Breach - defendant's breach of that duty 3. Injury - plaintiff's sufferance of an injury 4. Causation - proof that the defendant's breach caused the injury (typically defined through proximate cause)
Putting these together, to establish negligence, the plaintiff must show that the defendant had a duty to exercise reasonable care, that the defendant breached that duty, that the breach caused the plaintiff's injuries, and that the plaintiff suffered damages.
Negligence law has continued to evolve, with courts refining and expanding the legal concepts involved. Today, negligence is a central component of personal injury law, and it is used to determine liability in a wide range of cases, from car accidents to medical malpractice.
Oregon negligence law: Case law and elements
In Oregon, the courts have held that "a person is negligent if the person fails to exercise reasonable care, a standard that 'is measured by what a reasonable person of ordinary prudence would, or would not, do in the same or similar circumstances.'" Bjorndal v. Weitman, 344 Or 470, 478(2008) (quoting Woolston v. Wells, 297 Or 548 (1984)).
In Oregon, a common-law negligence claim requires the plaintiff to allege and prove one additional element, the class of people that the law intends to shield against: 1. That defendant's conduct caused a foreseeable risk of harm 2. That the risk is to an interest of a kind that the law protects against negligent invasion 3. That defendant's conduct was unreasonable in light of the risk 4. That the conduct was a cause of the plaintiff's harm, and 5. That plaintiff was within the class of persons, and the plaintiff's injury was within the general type of potential incidents and injuries that made the defendant's conduct negligent.
What is "comparative negligence" in Oregon?
In addition to these essential elements, Oregon law recognizes the concept of comparative negligence. ORS 31.600 (Comparative negligence) This means that even if the plaintiff is partially at fault for the accident, they may still be able to recover damages from the defendant. The plaintiff's damages are reduced by the percentage of fault assigned to them, but they can still recover some compensation for their injuries.
What is “negligence per se”?
Oregon law also recognizes the concept of "negligence per se." This occurs when a defendant violates a statute or regulation enacted to protect against the type of harm the plaintiff suffered. In these cases, the defendant's violation of the law is considered evidence of negligence, and the plaintiff may be able to recover damages without having to prove the other elements of negligence.
Negligence is a complex legal concept that plays a critical role in personal injury law. Understanding the essential elements of negligence and how they apply in Oregon can be crucial for anyone injured in an accident. If you have been injured due to someone else's negligence, it is essential to consult an experienced personal injury attorney, who can help you understand your legal rights and options. A knowledgeable attorney can help you gather evidence, negotiate with insurance companies, and pursue fair compensation for your injuries and damages.
Negligence is a foundational concept in personal injury law, with a rich history and complex legal framework. Understanding negligence and how it applies in Oregon is crucial for anyone injured in an accident. By working with an experienced personal injury attorney, you can protect your legal rights, pursue fair compensation for your injuries, and hopefully recover what you lost from others' negligence.
