Wrongful Death Attorney Sacramento | Wrongful Death Lawyer Sacramento

What is Negligence

The most common tort is the tort of negligence. Negligence can be defined simply as carelessness: failing to pay sufficient attention under the circumstances. Some everyday examples of negligence include automobile accidents caused by speeding, disobeying traffic signs and signals, tailgating, making an unsafe left turn, driving while drunk, and not keeping the brakes in good shape; falling in a store, theater, or even your neighbor's house because of a loose stair or carpet or a slippery floor ("slip and fall"); being injured by the carelessness of a doctor or dentist; or being hurt when the bus you're riding in makes a jolting start or an unexpected sudden stop.

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How can you tell whether the person who hurt you was negligent or not? The standard used is whether that person was exercising a reasonable amount of "due care" under the circumstances. What due care is depends upon a number of factors – the circumstance, the ages or the parties involved, whether anyone has a physical or mental disability, and the like. Conduct is measured against what a "reasonable person" would have done in the same situation. For example, a reasonable person would not make a left turn until it was safe to do so; negligence occurs when someone tries to make a left turn when it is not safe.

This "reasonable person" against whom your conduct is measured generally is considered to be an adult of unspecified age who has no physical or mental disabilities and who is careful without being overly cautious. Is reasonable conduct always the same? No, it changes from situation to situation. For instance, you are not expected to act the same in an emergency as you would in a nonemergency, when you had time to assess the situation and weigh the alternatives.

The Weinberger Law Firm has been handling wrongful death cases since 1991. If you have lost a loved one contact a wrongful death lawyer Sacramento for your free consultation. Our attorneys may be able to get you compensation for your suffering.