Recently, the media in Indonesia has been buzzing with reports of an accident that killed a celebrity couple caused by the negligence of a driver. The internet community questioned whether the criminal sanctions for negligence alone were sufficient and able to bring a sense of justice. Furthermore, the question is whether a person who commits negligence can be held civilly responsible.
One of the most common types of personal injury lawsuit involves a claim of negligence. Negligence describes a situation in which a person acts in a careless (or “negligent”) manner, which results in someone else getting hurt or property being damaged. Negligence can often be a difficult area of law to define because it involves a legal analysis of the elements of negligence as they relate to the facts of a particular case.
The law of negligence requires people to conduct themselves in a manner that conforms to certain standards of conduct. Where a person’s actions violate those standards, the law requires the person to compensate anyone who is injured as a result. In some instances, the law of negligence also covers a person’s omission to act. Below, you’ll find information on key aspects of the tort of negligence.
In a successful negligence suit, the plaintiff must show that each of the following elements was present:
- A duty of care owed by the defendant to the plaintiff
- A breach of that duty
- An actual causal connection between the defendant’s conduct and the resulting harm.
- Proximate cause which relates to whether the harm was foreseeable
- Damages resulting from the defendant’s conduct
The negligence claim is generally filed based on Article 1365 of the Indonesian Civil Code, which states:
“Every unlawful act (tort) that causes damage to another person obliges the wrongdoer to compensate such damage”.
Based on this provision, the elements of a tort are:
- An action against the law.
- There is loss.
- The loss is due to a fault.
The outcomes of injury cases depend on a number of factors, but having an injury attorney by your side can make the biggest difference. Even if the facts are on your side, it takes the expertise of a lawyer to properly present your case and follow the necessary processes. Should you need any advice or service related to injury cases, please feel free to contact us at email@example.com.
Author: Budhi Satya Makmur