Missouri personal injury claims often hinge on negligence, or a legal term for carelessness. It’s when a person or company acts carelessly and that carelessness harms someone else.
If you’ve been hurt because of someone else’s actions or inaction, understanding negligence is the first step in figuring out if you have a legal case. This article will explain what negligence is, the parts you need to prove, and how it applies to different types of accidents.
What is Negligence?
Negligence is a failure to use reasonable care. This means not acting the way a reasonably prudent person would under similar circumstances. Consider what a careful and responsible person would do in a given situation. If someone falls short of that standard, and their failure to be careful causes an injury, they may be found negligent.
It’s not just about what a person does; it can also be about what they don’t do. For example, a property owner who knows about a broken step but doesn’t fix it is failing to act reasonably. If a guest trips and falls on that step, the owner’s inaction (failing to fix the step) could be considered negligent.
The Four Parts of a Negligence Claim
To prove that someone was negligent and is responsible for your injuries, your lawyer must show that all four of these things are true:
1. Duty of Care
The first element is proving that the at-fault party had a duty of care. This means they had a legal obligation to act with reasonable care toward you.
This duty exists in many situations:
- Drivers have a duty to drive safely and follow traffic laws to protect other drivers, passengers, and pedestrians.
- Property owners generally have a duty to keep their property reasonably safe for visitors.
- Doctors have a duty to provide proper medical care to their patients.
In some cases, the duty of care is obvious. It’s a bit like a promise to be careful that we all make to each other.
2. Breach of Duty
Next, you must show that the at-fault party breached or broke that duty of care. This means they didn’t act with reasonable care. This is where you compare their actions to what a reasonably prudent person would have done.
Examples of a breach of duty might include:
- A driver who runs a red light and causes a crash
- A store owner who fails to clean up a spill and puts up a “wet floor” sign
- A doctor who prescribes the wrong medication
This breach is the careless act or inaction that sets the legal process in motion.
3. Causation
Causation is a crucial part of negligence. You must prove that the at-fault party’s breach of duty caused your injuries. There are two parts to causation: actual cause and proximate cause.
Actual cause requires the careless act to have directly led to your injury. For example, if a driver runs a red light and hits your car, causing you a broken arm, their action is the actual cause of your broken arm. If they had not run the red light, you would not have been in the crash.
Proximate cause requires that your injury be a foreseeable result of their careless act, or a natural and probable outcome. A driver who runs a red light can foresee that someone might get hurt in a crash. However, a driver who carelessly spills coffee in their car cannot foresee that it will cause the power to go out in the whole neighborhood.
Both types of causation must be present. The person’s carelessness must be both the actual and a foreseeable cause of your harm.
4. Damages
Finally, you must show that you suffered actual damages or harm as a result of the injury. Damages are the losses you suffered because of the accident.
Examples include:
- Medical bills (hospital stays, doctor visits, medications)
- Lost wages (missed work)
- Pain and suffering (the physical and emotional distress you endured)
- Property damage (cost to repair or replace your car)
Without damages, even if all the other parts are there, you probably don’t have a negligence case. The law requires you to show that you were actually hurt and that it cost you something.
Negligence and Missouri Law
Missouri follows a legal rule called pure comparative negligence. Under this rule, if you were partly at fault for the accident, your compensation is typically reduced proportionately to your percentage of fault.
For example, if a jury decides your total damages are $100,000, but they also find that you were 20% at fault for the accident, your award would likely be reduced by 20%. In this scenario, you might receive $80,000 instead of the full amount.
In Missouri, you can generally still recover some money even if you are mostly at fault. Even if you are 99% at fault, you can usually still recover the 1% of your damages that were the other person’s fault. This is a key difference from many other states, and it’s one of the many reasons why having an experienced lawyer on your side who understands Missouri law is important.
Contact Our St. Louis Personal Injury Lawyers for a Free Consultation
Understanding the four elements of negligence can help you see if you might have a case. However, proving a negligence claim is complicated. It often requires collecting evidence, talking to witnesses, and negotiating with insurance companies.
If you think you have a personal injury claim, you should seek legal advice. Our St. Louis personal injury lawyers can help you determine if you have a valid claim. Call Eason Car Accident and Personal Injury Lawyers at (314) 932-1066 to schedule a free consultation.
