Glossary of Legal Terms

Liability: Legal responsibility.

Negligence: The failure to act with reasonable care under the circumstances. A negligence claim focuses on the defendant's conduct, and if sufficiently egregious can justify an award of punitive damages.

Personal Injury Action: A lawsuit brought by an individual who has suffered physical or mental harm as the result of the wrongful conduct of another.

Proof of Negligence: Requires that the plaintiff demonstrate that the defendant owed a duty to the plaintiff, the duty was breached, the breach of duty was the cause of the damages and damages are quantifiable. Manufacturers of products are generally held to a basic duty of exercising care to prevent foreseeable injuries from the reasonable use of their products.

Wrongful Death Action: A lawsuit brought on behalf of a deceased person’s family or beneficiaries that alleges the death was attributable to the willful or negligent act of another.