Understanding Negligence

Put simply – negligence occurs when a person who has a responsibility to take proper care, fails to do so, and puts others at risk because of it. In Louisiana, if you are hurt because of someone else’s carelessness, you may wish to speak to a personal injury lawyer to ascertain whether you have a case for compensation.

Examples of Negligence

  • Texting while driving
  • Failing to clean up a spillage 
  • Leaving an obstruction or trip hazard
  • Failing to provide proper safety equipment or perform checks
  • Failure to warn or highlight a hazard

The law considers negligence as the failure of one person or entity to exercise appropriate care. It comes from Louisiana Civil Code article 2315 and means that a person who has been adversely affected by another’s indifference can make a case against them and claim compensation to cover damage, medical bills, personal expenses, and so on.

For someone to be found guilty of negligence, however, they need to have had a duty of care. This means they must be found to have had an obligation to notify or demonstrate to others a level of care that kept them safe. Drivers, for example, have a duty to remain within the speed limit. A shop manager, for example, has a duty to notify customers if the floor is wet or slippery. 

If a person breaches or fails to fulfill their duty and another person gets hurt because of it, they may be found in violation of Louisiana’s negligence laws. To make a personal injury claim, the person must be able to prove damages such as medical expenses or lost wages due to time off sick because of the injury.

Louisiana is a comparative negligence state, which means that a judge will determine how each party might have been at fault. For example, if a person was running through a building and fell on a slippery floor, the building manager had a duty of care to warn them about the wet floor, but the person should also perhaps not have been running. In a case like this, the judge may find that the fault lies with both parties, but more so with the building manager and will then award damages accordingly. The amount each party is at fault will affect the amount of compensation given.

Have you been injured and wish to make a claim?

If you believe that another party had a duty of care that they failed to comply with, which resulted in an accident where you sustained an injury, you may be entitled to compensation. The experienced lawyers at The Bagneris Firm can help build your case and support you through each step of the process. Get in touch today at  504-810-3995 to see how we can help you and to arrange a free, confidential consultation.

The following two tabs change content below.

Bagneris Law Firm

The Bagneris Firm is an experienced civil litigation firm with decades of combined experience serving both plaintiffs and defendants in a wide-range of different cases including personal injury and business disputes. Our firm is based out of New Orleans, and we serve clients throughout Louisiana. Attorneys Emile and Suzette Bagneris have a long and impressive careers with experience training insurance adjusters and risk managers, representing large corporations and insurance companies, and helping individuals and businesses with all aspects of their legal cases. The fact that we have represented clients on all sides of legal issues allows us to better predict what will happen and prepare an effective strategy to help our clients.

Latest posts by Bagneris Law Firm (see all)