What is Negligence? In many ways, negligence law embraces the signs we used to see at the local Five and Dime: “If you break it, you buy it.” When someone is negligent, he or she must be accountable.
Holding someone accountable is much like the parent of a five-year-old who is running in the house – and breaks a lamp. You know what you must do next. You must help your child accept responsibility and be accountable for the child’s “stupid”. If you don’t, your child will continue doing stupid things. Society is better when people are held accountable for their stupid.
What is Being Accountable?
Note, there is no “punishment” here. There is just accountability. Accountability is good.
Going back to yesterday’s discussion on responsibility for owning the car your friend borrowed, and then got involved in an accident – where is your stupid? The answer is: “Nowhere.” Assuming your friend was licensed / sober / responsible when you handed him/her the keys, you likely did nothing wrong.
It is reasonable / normal to lend your car to a licensed / sober / responsible driver. There was no stupid (negligence) by you. You are thus not responsible for the Crash. Your friend may be responsible if he/she did something stupid to hurt another person, but you are not.
Negligence law makes sense. It makes society work better.
The Merdes Law Firm has been helping injured Alaskans for more than 30 years. It’s who we are. And while we hope you never need us … We’re here if you do. ~ Ward Merdes
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