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Friday, October 6, 2017
Every day, someone is injured in the United States because of someone’s negligent or reckless acts. In fact, these incidents are so common that a vast majority never make it on the news, but should. Negligence today is a growing concern – and certainly a public health and safety issue.
The number of ways a person could be injured by someone’s negligence might surprise you. While we discuss these 14 ways negligence can lead to a serious injury (and potential personal injury lawsuit), know that there are dozens more not listed here.
Negligence is a failure to act or take proper care when doing something. From a legal standpoint, it means breaching your duty of care to the public. When you are negligent, and your negligence causes injuries, you could be held liable for the injuries you cause in a civil and possibly criminal court.
Typically, a person is found “negligent” when they fail to use the reasonable standard of care. What is “reasonable” to the court comes down to what the public might do in a similar situation. If a vast majority of people would have acted differently in the same situation, then the defendant might be found at-fault. For example, most people would not drink and drive. Not only is it illegal, but irresponsible and dangerous. Therefore, when a person drinks, drives and causes an accident, the court would find them negligent.
To err is human. However, those errors in judgment can have long-term consequences. While some of these negligent acts are common sense, others may surprise you. In fact, you may find a negligent act on this list that you are guilty of committing yourself.
We live in a connected society where our smartphones are practically another limb. They go everywhere with us, including in the car. The number of distracted driving incidents in the United States is astounding, which is why lawmakers have responded with harsher penalties and laws banning distracted driving outright.
In 2012, 421,000 people were injured in distracted driving cases – and that number is most likely less than the true number of injuries that occurred. After all, most motorists are not going to admit that they were distracted when they got into an accident.
Talking, texting, or even reading an email on your phone while operating a vehicle is dangerous and reckless. While not all states ban the use of phones while driving, you can still be held liable for the injuries you cause while distracted – regardless of whether you receive a citation or not.
Every single state in the U.S. prohibits drunken driving.
Every day, 28 people in the United States die because of a drunken driver – which is the equivalent of a death every 51 minutes, according to the Centers for Disease Control and Prevention (CDC).
Anyone that chooses to drink and drive is not only putting the public at risk, but they are guaranteed to become a defendant if their drinking and driving causes an accident. They become a criminal defendant when they are charged in criminal court – but they can also become the defendant in a personal injury lawsuit where vast amounts of money are at stake.
Did you know that as a property owner, you are required to shovel snow and take care of ice on your property? If you fail to do so, you could be held liable for any injuries that occur.
For example, you see the ice and snow on your walkways, but decide to let it stay for the day. A friend comes to visit and slips on the icy stairs leading to your porch. They fall down the stairs and fracture a hip in the process. Your neglect led to their injuries, and you are legally liable for the injuries.
Did you know that as a motor vehicle operator, you are required to maintain your vehicle? Your car must be operational and safe. When you cause an accident because you fail to change out bald tires, ignore brake issues, or don’t replace broken taillights – you are legally responsible for the accident and any injuries that may result.
You want to host the party of the century. You throw a killer bash, invite friends, and serve up mean cocktails. Afterward, you let your guests drive home, including those you knew were intoxicated. After all, they are adults and make their own choices, right?
While that drunken driver is legally responsible for any incidents they cause, you could technically be liable as well. If you served alcohol to a drunken person and let them drive home knowing they were too intoxicated to do so safely – you could be held responsible for any injuries that occur in an accident.
Your dog has a history of aggression. While he is sweet and loving to you and your children, he is not so sweet around strangers. Knowing that he could harm someone, you let him roam free out front while you are doing some yard work.
When a neighbor passes by, your dog attacks the neighbor and causes traumatic injuries. Are you liable?
You knew your dog was aggressive and might attack a stranger, but decided to leave him off the leash anyway – without any fence or enclosure that would protect the public. Therefore, the courts would consider you liable for that dog attack.
Spills happen in retail, especially if you are a food establishment.
However, the law requires that management or employees find these spills in a reasonable amount of time and take care of them to prevent anyone from slipping and falling.
If you fail to clean up a spill, and the courts decide that you had a reasonable amount of time to clean it up or place warning signs, you could be liable for anyone who slips and injures themselves in that spill zone.
You might have a spill at your store, and you mopped it up. But if you did not put up a “wet floor” sign and someone slips and falls, you can still be held liable.
Your store is ready to compete in the holiday sales rush. You offer a blowout sale, which you know will bring more patrons than your store can hold. Instead of having security in place and filtering how many people enter the store at once, you let the crowd run wild.
As a result, someone trips and is trampled by the crowd of shoppers. Would you be held negligent? Yes, you would. You knew that more shoppers than your store could hold would likely be present, and you did not provide security or any means to control the mob.
Doctors are required to put their patient’s best interests first. That means reading their chart, reviewing their history, and getting a full list of medications the patient takes. Failure to perform any of these steps could result in prescribing medications that the patient is allergic to, or that interact dangerously with a medication (including over-the-counter) that the patient is already taking. This failure would very likely result the physician being found negligent.
Speed limits are there for a reason. They ensure that vehicles traveling in the area are uniform and have enough time to react. When you speed, you are increasing your risk of an accident. Furthermore, you are being negligent.
Speeding and causing an accident is not only criminal, but opens you up for a personal injury lawsuit too.
Physicians and their staff are required to follow up with patients after treatment. Patients should be scheduled for subsequent check-ups, or at least a phone call to see how their treatment is progressing. Failing to do so could result in adverse effects, and a patient that suddenly gets worse. When a physician fails to exercise their medical standard of care, and a patient is harmed, they are negligent.
If you run an in-home daycare, the state might not require that you childproof, but your clients will certainly expect it. After all, you are watching small children and being paid for your services. Therefore, if a child is injured because you failed to childproof, you are negligent and could be held liable for the injuries that child sustains.
You are playing baseball. You strike out but disagree with the umpire’s call. Out of anger, you throw your baseball bat into the stands and it strikes someone – causing a serious brain injury. A reasonable person would not throw a baseball bat into a crowd. Furthermore, being struck by a bat is not a reasonable risk assumed by spectators at a baseball game. Therefore, your negligence makes you liable for that person’s injuries.
When negligence causes injury, the party that was negligent could be liable for your injuries. To see if your injury case qualifies for compensation, it is best that you consult with an injury attorney in your area.
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I’ve been knowing about this Law firm for many years through friends, referrals & advertisements , never I thought I would need their services , because I believed things & situations don’t happen to me like this , long story short I was in situation that I needed help & advice!!! The right direction , I connected with the Firm & a very patient , understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care !
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I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
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I contacted Malman Law go my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks everyone!
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Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
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Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If your interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
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I have had an amazing experiences with Malman law so far. From the start Dan was super easy to work with, got me the medical attention I needed and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
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Hi I just want to acknowledge Jay McCarron, Kelly & the Firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would Highly recommend you and your firm to friends & family. E. P.
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Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the repairations of the accident. We would recommend their services!
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Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me an my daughter.
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I cannot give enough praise to the team at Malman Law, for helping with my case . My children were involved in a auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
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A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
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Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
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Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.
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Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of a apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
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Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
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Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
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My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained next steps and got my case to resolved early. I would highly recommend Malman Law.
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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim