Why do Accidents Happen in Public Places? Who is Responsible for it?
Reaching a conclusion regarding someone’s fault is the expert’s area of practice. However, you can quickly evaluate the validity of your claim before starting a legal process. You should be certain that you have a good cause to make a claim. On the other hand, if you sustain a loss, either you or someone else is liable. Even if you believe you have taken the necessary care for your own health, laws can state otherwise. To quickly evaluate your claim, there are three key elements you should be familiar with.
The Duty of Care
If you are on someone’s property, if someone is obliged to serve you for any purpose, or if you are in traffic, or an auto accident, the duty of care exists. As a driver in traffic, you owe the duty to prevent harm. You should be conscious of the conclusions of irresponsible actions in traffic as things can change quite quickly in traffic. Even exceeding the speed limit by a couple of kilometers per hour is considered negligence. And there is a reason for that. Generally, traffic rules are designed by traffic engineers. If there is a specified speed limit, this means the reaction time of the other drivers, the vehicle’s structure and braking capabilities are calculated.
In medical practices, the duty of care also exists. However, a peer statement can be a valuable source to determine liability. Just as the rules in traffic, medical procedures should be applied without any exceptions. The reason behind these rules is to provide treatment without causing any harm. The medical procedure starts with the evaluation of the patient. Weight, medical history, and usage of medications should be evaluated correctly. If the medical professional skips one step in the procedure, the rest of the treatment applied to the patient can be extremely harmful as the way treatment goes will be totally different. The duty of care can be breached in many aspects of treatments.
The patient can be diagnosed falsely, medical errors can occur, professionals might forget to inform the patient, the equipment used in the treatment can fail and the doctor can prescribe medications that are unsuitable to the patient’s condition. Commonly, these are situations that can harm the patient. On the other hand, these situations could be prevented by reasonable peer professionals.
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Negligence
In personal injury laws, negligence is being used to define the failure in the duty of care. Mostly unintentionally, in day-to-day life, we all commit an act of negligence. However, negligence in crowded places can be quite dangerous. Imagine the circulation in a shopping centre. If liquid spills on the ground, possibly many people will pass until the hazard is eliminated. Preventive measures should be taken to avoid accidents. It can take some time to appoint someone to wipe the floor. Instead, a clearly readable warning sign can be put to warn the visitors about the risk. Risk warning is important in public liability claims. If an action involves risk, the victim may not have a good cause to claim compensation.
Liability
If a loss appears after an accident, someone or something has to be liable for it. Under the personal injury laws, It can be you, or someone else. The obvious risk factor should be examined. There are activities that involve risk due to the nature of the activity. As an example, a reasonable person wouldn’t touch a hot object as long as the risk is indicated by something else. By performing similar actions, you accept the risk and foresee the conclusions. If you sustain a loss due to a similar situation, you may not be eligible for compensation.
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