Negligent Injuring occurs because of the alleged careless or recklessness of a person, which becomes harmful to another. Well, there are so many cases of negligence injuring, and prosecutors must be able to prove it or we seek dismissal.
The Louisiana State Legislature on Negligent Injuring
Well, there are laws for everything, and so there is for negligent injuring. Of course, one needs to be careful in doing things, so you won’t harm other people in any type of way.
Here’s what the Louisiana State Legislature says about negligent injuring-
The Louisiana State Legislature acknowledges that negligent injuring is either of the following:
- The act of inflicting injury on someone else by criminal negligence
- The act of injury on any person by a dog or another animal of a different person
Yes, both happen, and they happen because of the negligence of the offender. For the second part, the owner of the animal has probably not remembered to put it under care, confining or restraining it, hence the injury inflicted. Well, whichever one it is, the Louisiana laws agree that the offender must face trial for negligence injuring.
According to the law, if a person is charged with negligent injuring, the person shall be tried, then judgement follows. You can either be asked to pay a fine of not more than five hundred dollars or jailed for not more than six months. You might also be required to do both.
These laws apply to those living in New Orleans also. In all, you need to be careful as you go about your everyday life, to avoids mistakes that will be termed as negligent Injuring. If you have a pet which is capable of inflicting injury on someone when on the loose, then when going out with such animal, you need to confine and restrain it, to avoid being a victim of any circumstances.
In most cases of injuring which happens unexpectedly, the victim of the injuring reports the offender, stating the legal concept of ‘negligence’. This brings us down to negligence. What exactly is negligence? How does it work? Let’s see that below.
What Is Negligent Injuring?
We will explain negligent injuring with the term ‘duty of care’. You will also discover what happens when a person breaches or violates that duty.
‘Duty of care’ is a legal term which comes up during a negligent injuring case. It simply refers to the total responsibility of a person to avoid causing or inflicting harm or injury to another person. If one is convicted on an account of negligence injuring, the first step towards trial is to confirm that the other person was truly negligent. They also check if the person had a duty of care in that exact situation which gave rise to the injury at hand.
The reporter or person with injury has to prove that the other person breached the duty of care. The breaching in this regard means that the person failed to keep up with the duty of care.
The final step in the negligent injuring is for the injured person, also known as the plaintiff, to show that he or she sustained or suffered real injuries emanating from the breach of the duty of care.
Cases of The Breach of Duty of Care in Negligent Injuring
Well, there are a lot of examples as regards to the breach of duty of care in an injury-related case. Here they are:
- It may be a case of a product which the injured person bought or purchased earlier. The seller, distributor, and manufacturer of such a product are expected to only produce, distribute and sell products that will not be in any way harmful or inflict pain to the general public. This is known as a defective product case.
- There are also situations where the injured person has earlier slipped and fell at the place of injuring. Here, the owner of the property has a legal obligation to always get rid of hazards from his or her premises to ensure it will not be a cause of harm or injury to anyone who visits there. Also, the owner of the premises has to respond fast to issues and also do an overall check-up to ensure that no place on the premises and inflict harm on a person.
- If it is in a case of medical malpractice, then the doctor or any other medical professional involved had to go provide treatment with a high level of skill and care.
During the case of negligent injuring, the injured person also needs to explain how the offender is legally at fault. This also shows how the offender breached or violated the duty of care.
Bear in mind that in a case of negligent injuring, the person who has been reported is not always at fault. Sometimes, it may be as a result of the negligence of the injured person. The court, therefore, digs dip to conclude. In this case, the compensation the offender needs to pay will be reduced based on the level of negligence of the injured person.
Do I Need A Lawyer for My Negligent Injuring Charge?
As most cases need a lawyer, so does a negligent injuring need too. Well, you need an experienced lawyer to guide you through all the processes. Your lawyer will work hand in hand with you to defend you in court to the last. In this way, you might get lesser charges or completely dropped charges.
How Does the Barkemeyer Law Firm Help in Your Case?
Here at Barkemeyer Law Firm, our criminal lawyers have all it takes to defend you during your negligent injury case. You only need to reach out to us and let us know how the situation happened.
We give all our clients the legal backing they need to ensure that they are not easily put under pressure by the court. We work with all commitment to ensure the case runs smoothly.
Therefore, if you are ever facing a negligent injuring charge in New Orleans, contact us today.