Maybe it was a fender bender in rush hour traffic in Los Angeles. Or perhaps you slipped on that section of the sidewalk your neighbor never shovels in Cambridge. Either way, if you're injured and you think it was someone else's fault, you may be asking yourself if you have a valid negligence claim. So how does such a claim work, and what are the state laws regarding how much you can get for your injuries? Here is a brief summary of state negligence laws.
General Negligence Laws
Negligence describes a situation when someone owes a duty to another person and fails in that duty, thereby becoming liable for any resulting injuries.
For instance, a restaurant owner who mops the floor and doesn't put up a "Wet Floor" sign could be considered negligent. A reasonable person should know that a freshly mopped floor will be slippery and thus a risk for causing injury.
Elements of a Negligence Case
There are several elements of a negligence case you must prove in court in order for your claim to be successful:
The following chart highlights some of the main theories of negligence. See Negligence: Background for a general overview.
| Theory | Description |
| Comparative Negligence | The legal doctrine of comparative negligence allows an injured person (the "plaintiff') to recover damages based on the percentage of his or her own fault (or "negligence") in the incident that caused the injury. Example : In an accident where the plaintiff is found to be 10 percent at fault, he or she could still sue to recover 90 percent of the damages that were suffered. |
| Contributory Negligence-Limit to Plaintiff's Recovery | Originally, under the doctrine of contributory negligence if it were shown that the plaintiff contributed in any way to his injuries, he was barred from any recovery. This has been modified over time to permit the plaintiff to recover even if he contributed to his injuries, as long as his fault is under 50 percent. In these cases, recovery is relative to fault. Example: If a jury finds a party's injuries worth $100,000 and holds that the party was 25 percent at fault, the party's recovery would be $75,000. On the other hand, if the jury found the party 60 percent at fault, the party would be barred from any recovery. |
| Contribution Among Tortfeasors | One liable party (called a "tortfeasor") may sue a fellow tortfeasor to recover any damages paid in excess of the proportion of fault. |
| Uniform Act | Indicates whether the state follows the "Uniform Contribution Among Tortfeasors Act," which allows a person found liable for negligence (sometimes called a "tortfeasor") to seek financial contribution from others who are also liable, when the tortfeasor has paid more than her or his pro rata share of the common liability. |
Note: State negligence laws are always subject to change, usually through legislation, ballot initiative, or court ruling -- contact a personal injury attorney in your state or conduct your own legal research to verify the state law(s) you are researching.
Research the Law:
State Negligence Laws : Related Resources
