Types of Negligence

If you have been involved in a preventable accident, it is likely that your injury was a direct result of the negligent actions of another person. In order to receive compensations, it must be proven that the defendant had a duty to uphold and failed to uphold it, directly causing the injury, and that injury could have been prevented had the defendant upheld their duty.

Compensation may be in the form of money for medical bills, cover for loss of income, or pain and suffering. It is very important that if you are the victim of negligence, you seek out an experienced negligence lawyer to fight for your compensation.

In order to receive compensation, you must be able to prove beyond a reasonable doubt that the other party was negligent and responsible for your injury. The Gallagher Law Firm has an outstanding track record fighting and winning negligence lawsuits.


In reality, negligence is a blanket term. There are many types of negligence, and it is very important to know which kind you are attempting to prove, as they all must be handled differently from one another. The most common types of negligence that can be proven are:

  • Gross Negligence – In these cases the negligence was so careless it showed a complete lack of concern for the safety of others. Gross negligence is a much more serious form of negligence that goes a step further than simple careless action. Example: Hospital staff does not change a surgery patient’s bandages for several days, resulting in a serious infection.
  • Comparative Negligence – This is where the plaintiff is marginally responsible for the injuries to himself. The plaintiff may be required to pay a percentage of the damages in a comparative negligence case. Example: You drive through a green light but are struck by someone running a red light. You sustain serious injuries because you were not wearing a seatbelt. Because you were partially responsible for your injuries, you must pay $3,000 of the $10,000 damages amount while the defendant must only pay $7,000.
  • Contributory Negligence – In contributory negligence cases, if the plaintiff caused his own injury in any manner, he cannot collect damages at all. This type of negligence is being abandoned in many areas. In the example for comparative negligence above, if contributory negligence applied, you would not receive any damages because you partially contributed to your own injury by not wearing a seatbelt.
  • Mixed Contributory & Comparative Negligence – This form of negligence is a combination of contributory and comparative. Mixed Negligence is where if the plaintiff is determined to be more than 50% responsible for his own injury, they may receive only a percentage of damages, or none at all. Example: Using again the car accident scenario, if the jury determined that not wearing your seatbelt was half or more than half the reason you were injured, you would receive little to no damages.
  • Vicarious Liability – This form of negligence is where the defendant is held responsible of the actions of another person or animal. This form of liability is often used in cases where young children or minors caused serious injury, or a dog attack. The parent of the child and owner of the dog will be held responsible for the damages because the child or animal cannot be responsible for it themselves. Children under the age of seven are considered incapable of negligence. Vicarious Liability can also be used when an employer fails to properly oversee their employees, and is thus held responsible for their actions.

Regardless of the type of negligence you are claiming for your injury, it is extremely important that you seek immediate assistance from a reliable attorney.



Call 1 (888) 222-7052 or contact us online to discuss your case or situation with an experienced negligence lawyer.

At The Gallagher Law Firm, we understand just how devastating an injury can be. Our attorneys and staff are dedicated to both the physical and financial health and well-being of our injured or damaged clients and we are committed to making sure every one of them is treated with respect and care.