Liability vs Negligence
Liability and negligence are two terms that are mostly used in connection with personal injury cases in courts of law. Compensation a victim gets often depends upon the ability of his attorney to prove conclusively that the injury was a result of either negligence, or an act of commission by someone that increased the likelihood of the accident causing injury. These two are closely related concepts, and if the attorney can convince the jury about the responsibility of a person, or a company or an event in connection with injury to his client, he can certainly get a decent compensation amount for the victim. Let us find out the differences between liability and negligence.
If a doctor does not pay heed to some symptoms and administers a drug that leads to an adverse reaction causing death of his patient, he can be charged with negligence in duty. A factory owner, if he does not pay attention to wear and tear in a machine, and does not get it serviced, or gets parts replaced, he can be charged with negligence if the machine gives way and any worker is hurt in the process. If on the other hand, you were hurt while driving your car because of rash driving of another person, he can be made to pay compensation to you for your injuries and mental harassment besides, for the damages to your car. Thus, it is clear that negligence is opposite of liability in the sense that a person is charged with doing something that leads to an accident in the case of liability, and he does not take proper action in time to prevent a mishap leads to him being charged with negligence.
Negligence leads to liability. If someone causes an automobile accident leading to grievous injuries to another person and he is found driving, while being drunk, it is clear that it is a case of negligence as careless conduct of the driver led to a situation that caused mishap. If a doctor, in his hurry, does not apply stitches to a injured person properly, these stitches may give way causing a lot of trouble for the victim. The doctor can be held guilty on counts of negligence as his inability to perform his duty diligently caused suffering of patient.
Difference between Liability and Negligence
• In personal injury cases, an attorney must place responsibility on a person, event or an organization to be able to get compensation for his client that suffered.
• Thus, responsibility can be direct as in liability, or it can be indirect, as in case of negligence.
• Liability is mostly an act of commission, whereas negligence is an act of omission.
• Cases of negligence are often slapped across hospitals, doctors and factory owners.
• If a mishap can be proved to have taken place because of an act of someone, that person can be charged with liability