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refers to the degree of
care one must provide to another individual. The degree of care one owes to
another depends on the relationship between the parties: Landlord/Tenant,
Merchant/Customer, Host/Guest, Employer/Employee, Doctor/Patient,
Teacher/Student, Stranger/Stranger, etc. Negligence
measures the degree of
fault. The wrongdoer would be considered to have been Negligent if he/she
failed to meet his/her Duty toward the victim. However, often there might be
more than one party at fault, including the victim. The consequences of the
victim’s own negligence varies from state to state, from no
compensation if the victim was slightly contributory negligence, to a
compensation reduced by the victim’s share of fault, to full
compensation as long as the victim was less at fault than the other person. Causation
measures the connection
between the actions of the wrongdoer and the victim’s injury. If the
connection is not direct- i.e. intervening acts had to occur between the
wrongdoer’s action and the resulting injury to the plaintiff-one would
ask whether it is fair to require the wrongdoer to compensate the victim.
This question often would be answered differently in each jurisdiction. Damages
quantify the compensable
injuries. The most obvious compensable injuries are bodily injuries and harms
to properties. Other injuries that could be compensated include emotional
distress, injury to reputation, injury to business interests, etc. Whether
these injuries will be compensable will depend on the applicable law and the
type of wrong committed. These are the starting
points to evaluate any case. However, as you already realize a substantial
body of law exists in every jurisdiction to respond to various factual
scenarios. This is where an attorney can be the most beneficial in analyzing
your particular case in minute details and see how it could fit the best
legal remedy of the relevant body of law. Copyright © 2002-2007 Choné & Associates. All rights
reserved |
