Ignorance Is Not Always An Excuse
Michael Babboni
Personal Injury
“I didn’t know.” Sometimes that statement will get you somewhere in court, but other times it’ll get you no sympathy whatsoever. It all depends on whether your ignorance qualifies as negligence or whether it means you’re just plain unlucky.Harm Through Inaction
Every person ultimately has a certain amount of responsibility to him or herself and to others. That being said, we aren’t exactly required to be polite to each other and to hold open doors, nor are we usually required to put ourselves in danger in order to help someone out.
At the same time, however, there are certain things we have to do both as individuals and as professionals in order to avoid creating situations that put people in danger. Harming someone on purpose is one thing, but you can cause just as much harm accidentally if you fail to take the proper precautions.
A classic example is the dog bite scenario. By Florida law, a dog owner is responsible and liable for any injury his or her dog causes, even if it hasn’t shown any aggressive behavior before. There are certain circumstances that can get you a lower settlement, like if the dog was deliberately provoked, but the biggest exception is if your dog is fenced off from the rest of the world and if that fence is covered with “beware of dog” signs. By preventing your dog from getting loose and by warning everyone who comes near, you have taken action and in so doing you have protected yourself from liability.
Corporate Citizenship
Corporations also have an obligation to avoid negligence, both to keep their employees safe and to make sure that their products are not dangerous or hazardous beyond certain expectations.
For instance, a knife manufacturer is not obligated to create knives that are incapable of harming a person. All knives which can carve meat or anything tougher than meat are clearly capable of injuring a person, and the manufacturer can’t be held accountable for the misuse of their product. However, something the manufacturer can do is package their knives so that the people who handle the blades before their purchase can’t easily hurt themselves while handling the merchandise.
Along similar lines, homes are full of dangerous chemicals which can be harmful if swallowed or applied incorrectly. We can’t expect the manufacturers to create soap or liquid bleach which is safe to drink, but we should expect them to add warning labels to the bottles which say how to use their products safely and what to do if someone swallows them or gets them in their eyes.
As far the workplace goes, maintaining a certain standard of safety is so important that it’s closely monitored by the Occupational Safety and Health Administration, among other federal agencies. OSHA makes certain that businesses follow certain minimum standards like having railings on catwalks and other raised walkways, maintaining an electrical system which isn’t about to burst into flames, and keeping material safety data sheets around the workplace which explain the properties of all the chemicals employees may work with.
If a person or a company is negligent in keeping the world as safe and as well-informed as possible, then they may be held liable for any personal injuries or property damage which they have caused through their inaction. Personal injury lawyers and civil courts exist so that injured parties can be compensated for their loss, and they can do so whether or not the criminal courts decide to prosecute. Such compensation often includes lost wages and medical bills, the value of lost or damaged property, and general pain and suffering. Fines levied by government agencies and criminal courts go straight to government coffers, so personal injury lawsuits are often the only way a victim can get any sort of repayment.
If you live in or around St. Petersburg, Florida, and you’ve been the victim of negligence, either at work, at home, or on the streets, then you should contact the St. Pete Lawyer for a free case review. We’ll do everything we can to make sure you get the compensation you deserve.