Introduction
There is a misperception amongst many people that if someone causes you a physical injury, that other person automatically will be held responsible for the injury that is sustained. However, such a conclusion represents an overly simplistic understanding of the applicable laws governing negligence and personal injuries in countries such as the United Kingdom, the United States, Australia, Canada and many other countries around the world.
When it comes to personal injury and liability for personal injury causes to another person, there are a number of important concepts and legal terms of art that must be clearly understood.
Foreseeability
In order for a person to be held responsible for a personal injury caused to another person, the possibility that the kind of injury that did occur has to have been foreseeable.
In other words, in order for a person to be held liable for a personal injury caused to another person, the type of injury that ended up occurring has to be the kind and type of injury that a person could foresee happening. If a series of events occur that result in injury to someone, even though the series of events was initiated by the conduct of a specific individual, that individual will not be held responsible for injuries sustained to another if the results could not reasonably be contemplated at the time the first person engaged in the conduct complained of.
Proximate Cause
Another of the underlying concepts when it comes to a person being held liable or responsible for personal injuries caused to another person is that of proximate cause.
Legally speaking, this term of art means that certain actions or inaction was the ultimate cause of personal injuries sustained by another person. Absent this connection, a person will not be held legally responsible of liable for personal injuries sustained to another person.
Reasonable Care
The final concept to contemplate when considering negligence is that of reasonable care. Reasonable care means that a person needs to act in such a manner as would another reasonable person in the same circumstances. If a person does not act or behave in the manner a typical, reasonable person would act in similar circumstances, he or she runs the risk of being held legally responsible or liable for personal injuries to another person that result when a person fails top exercise reasonable care.
Conclusion
In summary, the concept of negligence really is more complicated and intricate than a person might imagine on first blush. A number of factors do come into play before a person can be deemed to be legally responsible or liable for injuries sustained to another person.