A person is considered negligent under Oklahoma personal injury law when they have acted with more carelessness than a reasonable person would under the same circumstances. This definition is found in the Restatement of Torts. Their behavior may be within the law but unreasonable when compared to that of a reasonable person.
The reasonable person standard is determined by circumstance. As well, the degree of care required is not expected to be more than that which a reasonable person would exercise. The degree of care expected is not necessarily that which will prevent harm from occurring, but must be that which is reasonable.
To sustain a negligence case, you must be owed a duty of care. A breach of the owed duty must be seen and harm arising from that breach of the duty owed. Damage must also be seen to have occurred. If any one of the elements mentioned is missing, the defendant will not be found negligent.
Torts Are About Duties Formed Under Law
Torts are behaviors that harm people. Just because someone has been injured does not mean someone must be held liable. A burglar cannot sue a homeowner for negligence if they get hurt by something in the house while breaking in. A visitor though can sue the owner if, for instance, a part of the floor is in a state of disrepair that causes them to slip and fall and get injured.
The homeowner can be found guilty of negligence because they failed to inform the guest of the problem on the floor, and as well had failed to undertake repairs. Undertaking repairs or informing guests would have removed the danger the floor posed to guests. Not doing any of the preceding is considered a duty breached. The injured guest can show that the fall caused them to suffer injuries, which have cost him or her financially in medical bills. They can also show the damages they have incurred, such as missed wages because they did not go to work for some time after the injury. Negligence is often a cause of action under personal injury law and civil lawsuits in Oklahoma.
Special Duties
A statute or other law may give definitions of specific other duties expected of professionals in their practice. A doctor, lawyer, accountant, or other professional may be found guilty of malpractice if they fail to exercise the level of care that another similar professional would apply in the same circumstances.
Professionals charged with negligence are sued for malpractice. Cases of professional misconduct are more complex and involve a lot more diverse issues as compared to slip and fall or auto accident injury cases. Malpractice cases are particularly severe in medicine as harm and resulting in damages can be at times significant. These are more difficult to settle.
Strategy Session: Ask A Tulsa Personal Injury Lawyer
If you have been injured and are thinking of pursuing a claim, do not go it alone. Our personal injury lawyer will help you every step of the way. Our lawyer is experienced and skilled, as he has handled many cases related to yours.
The outcome of your claim depends on many factors, and it takes a professional to piece together the evidence and present the facts in a way that gives you your best chance. Even if all evidence points to you getting a favorable outcome, you must talk to a personal injury lawyer in Tulsa, OK.
Our lawyer knows that small details make significant differences. Do not leave determining the amount of your claim to someone working for someone else. Get someone on your side so that you are compensated adequately. Talk to a Tulsa personal injury lawyer today. Call Wirth Law Office at (918) 879-1681 for an introductory strategy session or send your inquiry using the form at the top of this page.
