Negligence is an important legal term that is often used in personal injury cases. In Oklahoma, negligence is defined as a failure to exercise reasonable care that results in harm or injury to another person. This article will explore the definition of negligence in Oklahoma and how it is used in personal injury cases.
Table of Contents
What is Negligence?
Negligence is a legal term that refers to a failure to exercise reasonable care that results in harm or injury to another person. In a personal injury case, negligence is typically used to prove liability. Liability is the legal responsibility for an injury or harm that was caused by someone else’s actions.
Elements of Negligence
In Oklahoma, there are four elements of negligence that must be proven in order to establish liability. These elements include:
Duty
The first element of negligence is duty. Duty refers to the legal responsibility that a person owes to others to exercise reasonable care in their actions. For example, a doctor has a duty to provide care that meets acceptable medical standards. A driver has a duty to follow traffic laws and drive safely.
Breach of Duty
The second element of negligence is breach of duty. This refers to a failure to exercise reasonable care that results in harm or injury to another person. For example, a doctor who fails to perform a necessary surgical procedure may be liable for medical malpractice.
Causation
The third element of negligence is causation. This refers to the relationship between the breach of duty and the harm or injury that resulted. In order for a plaintiff to establish causation, they must show that the defendant’s actions directly caused the harm or injury.
Damages
The fourth element of negligence is damages. This refers to the harm or injury that was caused by the defendant’s breach of duty. In a personal injury case, damages may include medical bills, lost wages, pain and suffering, and other related expenses.
Comparative Negligence
In Oklahoma, if the plaintiff is found to be partially responsible for their own injuries, their damages may be reduced by their percentage of fault. This is known as comparative negligence.
For example, if a plaintiff was injured in a car accident and was found to be 25% at fault for the accident, their damages would be reduced by 25%. If their total damages were $100,000, their award would be reduced to $75,000.
Conclusion
Negligence is an important legal concept in personal injury cases. In Oklahoma, negligence refers to a failure to exercise reasonable care that results in harm or injury to another person. In order to prove liability, the plaintiff must establish the four elements of negligence, which include duty, breach of duty, causation, and damages. Additionally, comparative negligence may be applied in cases where the plaintiff is found to be partially responsible for their own injuries.