BUT-I-DIDN’T-MEAN-IT UNINTENTIONAL PERSONAL INJURY
“An unintentional tort is a type of unintended accident that leads to injury, property damage, or financial loss.
In the event of an unintentional tort, the person who caused the accident did so inadvertently, typically because they were not being careful,” Investopedia explains, adding that an unintentional injury will be treated differently from an intentionally caused harm – by both courts and by insurance companies.
Common examples of unintentional injury include:
- car accidents
- slip and fall injuries
- product liability injuries
- medical malpractice
(By way of contrast, common intentional injuries would include a battery, assault, and trespassing.)
Now, as unintentional as the cause of your injury may have been, with the person or company having had no desire to hurt you or anyone else, personal injury law provides for you to be compensated for your loss.
However, as we explain to our Ramey & Hailey clients, to win a personal injury lawsuit, you must prove that three things are true:
- the defendant (the person or company) caused your injuries
- the defendant failed to provide the standard of care that a reasonable person or company would have
- the defendant owed you an obligation to prevent such carelessness
Children can unintentionally cause damage and they can be held responsible. Law in Action.com explains. However, the court recognizes that children lack the experience and wisdom of adults, and may not have been able to foresee that their actions should hurt someone else, and the court tends to hold children to a “lower standard of care”.
Conversely, certain groups of adults are held to a higher standard of care than the average person. Examples include:
- doctors and other medical professionals
- property owners
- hosts (both homeowners and commercial hosts)
- nursing home and assisted living facility administrators and owners
- common carriers (companies that transport goods or people for a fee
As personal injury attorneys with years of experience gathering expert witness testimony and eyewitness testimony in unintentional injury cases, we know – it is far from easy to prove that, another party is at fault and deserves to be held financially liable. Our job is to help get your medical bills paid and help get you compensated for days you were unable to earn an income due to your injuries. After all, you are the one who was injured – even though they didn’t mean it!