What is "negligence" anyway?

Maryland juries are instructed that negligence is doing something that a person using ordinary care, caution and prudence would not do, or, in fact doing something that a reasonably cautions person would not, under the circumstances. The standard is typically that of hypothetical "reasonable person".

The question is "How would that reasonable person react under similar circumstances?"

If the person that hurt you has acted in a way that this imaginary reasonable person would not have acted- that's negligence. To prove up a case for negligence in court, a plaintiff must show that:

  • the defendant owed them a duty to conform their conduct to specific standard of care that prevents harm- or the risk of harm- to others
  • the defendant did not conform their and conduct that failure fairly directly led to an injury that
  • damaged the plaintiff.

In this video clip, I discuss how the law defines negligence:

If you've been injured by someone else, an experienced personal injury attorney can evaluate if you have a claim, and help you document, quantify, and prove it. I offer a free legal analysis of any injury claim as a service to prospective clients. If you'd like to discuss pursuing compensation for any injury, call me. 410 591 2835. 

 

 

Dictionary of Legal Terms

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