Negligence is a legal term that describes the failure to exercise reasonable care under the circumstances. In simpler terms, negligence occurs when someone does something that a reasonable person would not do, or fails to do something that a reasonable person would do, which causes harm to another person. Negligence can apply to many different areas of law, including personal injury, medical malpractice, and business litigation.
In the state of New Hampshire, the legal definition of negligence is defined in the state’s civil code. Understanding what constitutes negligence in New Hampshire is important for anyone who may be involved in a legal dispute involving negligence.
Table of Contents
Elements of Negligence
There are several elements that must be present for an act to be considered negligent in New Hampshire. These elements are commonly referred to as the "four elements of negligence." They are:
- Duty
- Breach of Duty
- Causation
- Damages
Each of these elements is explained further below.
Duty
The first element of negligence is duty. Duty refers to an obligation that a person owes to someone else. In order for negligence to exist, there must be a duty owed by one person to another.
For example, a doctor owes a duty to their patients to provide medical care that meets the standard of care for their specialty. A driver on the road owes a duty to other drivers, pedestrians, and cyclists to operate their vehicle safely and obey traffic laws.
Breach of Duty
The second element of negligence is breach of duty. This means that the duty owed by one person to another was not met, either by an act or an omission.
For example, if a doctor fails to diagnose a patient’s condition properly and provide appropriate treatment, they may have breached their duty of care. If a driver runs a red light and causes an accident, they may have breached their duty of care to other drivers on the road.
Causation
The third element of negligence is causation. This means that the breach of duty caused or contributed to the harm that was suffered by the plaintiff.
For example, if a doctor’s failure to diagnose a patient’s condition properly caused the patient’s condition to worsen, and the patient suffered harm as a result, the doctor’s breach of duty was the cause of the harm. Similarly, if a driver’s running of a red light caused an accident that injured another driver, the driver’s breach of duty was the cause of the harm.
Damages
The fourth element of negligence is damages. This means that the plaintiff suffered harm or injury as a result of the breach of duty and causation.
For example, if a patient suffered harm as a result of a doctor’s failure to diagnose their condition properly, the patient may be entitled to compensation for their medical expenses, lost wages, and pain and suffering. Similarly, if a driver was injured in an accident caused by another driver’s negligence, they may be entitled to compensation for their medical expenses, lost wages, and pain and suffering.
Comparative Negligence
New Hampshire operates under the doctrine of comparative negligence. This means that when there is more than one person responsible for causing harm, the damages are apportioned among each person according to their degree of fault.
For example, if a driver runs a red light and causes an accident, but the other driver was speeding and also contributed to the accident, a jury may find that the first driver was 60% at fault and the second driver was 40% at fault. The damages awarded would then be apportioned accordingly.
In Conclusion
Negligence is a complex legal concept that requires careful consideration of the facts and circumstances of each case. Understanding the four elements of negligence and how they apply to New Hampshire law is critical for anyone involved in a legal dispute involving negligence.
If you have been injured as a result of someone else’s negligence in New Hampshire, it is important to speak with an experienced personal injury attorney to protect your rights and ensure that you receive the compensation you deserve.