Rosenbaum Personal Injury Lawyers | May 19, 2025 | Negligence
Negligence is a fundamental concept in personal injury law. It plays a crucial role in determining liability for accidents and injuries. In simple terms, negligence occurs when someone fails to act with the level of care that a reasonable person would use in similar circumstances, resulting in harm to others. Negligence can apply in a wide variety of situations, from car accidents to slip and falls to medical malpractice.
Understanding the different types of negligence and how they apply in various scenarios is essential when pursuing a personal injury claim.
Types of Negligence
Common types of negligence include:
Ordinary Negligence
Ordinary negligence occurs when a person fails to act with the standard of care that is reasonable and expected under the circumstances, leading to harm to others. In a typical personal injury case, this type of negligence is most commonly invoked. For example, a driver who runs a red light and causes a car accident could be found to have acted negligently.
Gross Negligence
Gross negligence is a more severe form of negligence. It goes beyond simple carelessness or failure to exercise reasonable care. It involves actions that show a reckless disregard for the safety of others. Gross negligence may be associated with punitive damages, which are awarded to punish the defendant for their extreme behavior.
Vicarious Negligence (“Respondeat Superior”)
Vicarious negligence, also known as the doctrine of “respondeat superior,” applies when an employer is held liable for the negligent actions of their employee. This concept is particularly common in cases involving accidents caused by employees while performing work-related duties.
Negligence Per Se
Negligence per se occurs when a person violates a law or regulation designed for public safety that directly harms an individual. In these cases, the violation itself is considered evidence of negligence, and the injured party does not have to prove that the defendant acted negligently.
How Negligence Applies in Different Scenarios in New York
There are many different scenarios in which negligence applies, including:
Car Accidents
In New York, car accidents are one of the most common scenarios where negligence is used. Whether it’s a rear-end collision, a failure to yield, or distracted driving, negligence is often the root cause of the accident. Drivers who don’t follow traffic laws or drive recklessly can be held liable for injuries caused to others on the road.
Slip and Fall Accidents
Property owners in New York have a duty to maintain safe premises for visitors. Failure to maintain sidewalks, stairways, and indoor areas can result in slip and fall accidents. The property owner may be held liable for the injuries that result from their negligence.
Medical Malpractice
Medical malpractice cases often revolve around negligence. This occurs when healthcare professionals fail to meet the standard of care expected in their field. If a doctor or medical provider makes a mistake that leads to a patient’s injury, the patient may have a claim for medical malpractice.
What Damages Can Be Recovered in a Negligence Case in New York?
If you have been injured as a result of negligence, you may be able to recover compensation. This compensation can cover both your economic and non-economic damages. Economic damages cover tangible losses, such as medical bills, lost wages, and property damage. Non-economic damages compensate for intangible losses, such as pain and suffering, emotional distress, and loss of quality of life.
Punitive damages may also be awarded in cases of gross negligence or willful misconduct. These damages are intended to punish the defendant for their actions and deter others from engaging in similar conduct.
Contact Our Personal Injury Law Firm in New York City at Rosenbaum Personal Injury Lawyers For More Help
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our personal injury lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Brooklyn and the Bronx.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
