Sometimes personal injuries are caused by negligence.

Personal injury cases tend to be negligence cases. Car accidents, dog bites, slip and falls, etc. If it is not an intentional injury, then it typically falls under negligence. In general terms this is when someone is injured due to another’s neglect of a certain “duty.” Legally, we all have a duty, which may be as general as the duty to refrain from hurting others, or which may be a more specific duty, such as a doctor or an engineer. But, this is a post on general negligence and personal injury cases.

A prospective client was explaining his legal scenario to me: he was at the grocery store and he bumped his hip on the corner where the cash register was located. He said that he had a horrible bruise on his hip the next day, but at the time he thought nothing of it. He wanted legal advice.

While I haven’t given you all the facts, I will tell you what my train of thought was. First, Louisiana does provide for recovery for injuries caused by negligence. However, there is a certain burden that must be met in order to for the statute to extend a remedy. This Civil Code article governs vices in “things,” but it sets forth the general requirements for negligence. In other words, the grocery store would only be negligent if it could be shown that 1) it knew or in the exercise of reasonable care should have known the corner of the desk would cause damage; 2) that if the grocery store exercised reasonable care it would have prevented the injury; and 3) that the grocery store failed to exercise reasonable care in this instance.

While this analysis is not applicable to all situations, it gives you an idea of what a plaintiff must prove to show that a defendant was negligent.

 

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