Your Civil Rights; Negligence

[Motolani Olayiwola]

In general parlance, negligence means a careless or inadvertent act or omission by a person which puts the other person at risk. This is more or less the same definition of negligence under the law. The defendant here may not have acted with any intention to harm others, but must have failed to act or acted in such careless manner that resulted in injury to others. Negligence is, therefore, the omission to do something which a reasonable man in those circumstances would do, or doing something which a reasonable man in that same situation will not do.

Under the law, however, in cases of negligence, some conditions must be established. These are, one, that the defendant owed the victim a duty of care; second, that he has breached this duty of care, and third that the victim has suffered some injuries as a result of this breach.

Let me, list a few instances of negligence which are common in our daily lives:

* In Road Use: e.g., failing to observe traffic regulations, failing to obey traffic lights, excessive speeding, failing to put vehicle in good shape through proper maintenance. As a fact, where the owner or his driver is driving a vehicle, the fact that the tyre bursts on motion is considered evidence on which, in the absence of satisfactory explanation, negligence on the part of the owner can be founded. There is also brake failure as another example of negligence. Damage to buildings or properties of others. Failing to display the “Caution” sign in the event of vehicle breakdown in daylight or warning lights at night. Any of these situations will entitle a victim who suffered injuries to sue for negligence.

* Falling into trench or hole dug or left uncovered by the defendant. It is common in our cities to find big holes and trenches dug by construction companies, etc, in the course of construction or of laying pipes and cables. Most of these companies dig up holes on the expressway and fail/neglect to fill it up. This causes accidents to road users. Atimes too, people fall into these holes or trenches, sustaining grievous injuries therefrom. This is negligence.

* Medical negligence: A patient who suspects his doctor of negligence in the course of his duties is entitled to sue such for any injury suffered. A popular case was that of a doctor who forgot his surgical equipments in the bowels of his patient after a surgery. The equipments became corrosive and resulted in internal injuries to the patient who then sued for the negligence. Atimes too, some doctors prescribe the wrong drugs for their patients which tend to worsen the medical conditions of that patient. Such a patient is entitled to sue for negligence.

* Particles and foreign materials in bottled drinks: This is also a common occurrence which results in situations where foreign particles like dirt, dead insects, human hair, nails and other substances are found in bottled drinks or canned food. As I stated earlier, the manufacturers of these items owe their consumers a duty of care to ensure that what they produce is fit for human consumption. Any breach of this duty entitles the victim who has suffered injuries therefrom to sue the manufacturers or producers.

* Defective equipments: There are instances when an equipment is defective from the manufacturer. For instance, if you buy a new tyre for your car which bursts on the first day of use, causing you injuries, you are entitled to sue the manufacturer for negligence because he owes you a duty of care to ensure that what he sold to you does not cause you injury or damages.

* Occupier of premises: Owes a duty of care to his neighbors, especially the occupiers of adjourning land or highway to ensure that no harm comes to them as a result of his negligent conduct. For instance, the occupier of premises being used for manufacturing purposes is under a duty of care to his neighbors to ensure that poisonous gases or emissions do not injure others. The owner of premises will be liable for negligence if a tree falls from his premises into an adjourning premises because of his negligence and consequently injures someone or damages the property of another. The occupier of premises equally owes a duty of care to innocent visitors to his premises to ensure that they are reasonably safe while on his land. This duty of care includes covering every well, trench or hole or placing such precautions thereon to warn visitors about their existence. Here, the occupier is also expected to know that children will be less careful than adults and, therefore, take all appropriate steps to ensure that both children and adult visitors are safe while on his property.

* PHCN pole or cables falling on victims or properties causing bodily injury or death from electrocution or damage to properties. A victim of any of these is entitled to sue the PHCN authorities for negligence for any injury suffered.

* Animals breaking loose. The owner or handler of an animal, e.g., dog or cow is under obligation to others to ensure that the animals are properly handled and not left loose or unrestrained. The owner of a dog in his premises has a duty of care to warn visitors of the presence of the dog, and ensure that the dog is properly restrained from causing injuries to innocent visitors. Any breach of these duties entitles the victim to sue for negligence.

* Railway crossings. This too is a common occurrence where authorities in charge of railways neglect to warn motorists and others of oncoming trains. In many cases, the iron barricades may have broken down and there are no warnings to alert other road users of the approach of a train. A victim who sustains injury or damage to his property is entitled to sue for negligence, in the absence of any other evidence.

* Employer/Employee: In law, an employer owes his employee a duty of care, e.g., to provide a safe working environment, to provide safe working equipment and to also provide a safe system of work. Where any of this duty is breached, the employee is entitled to sue his employer for negligence. (Please read more of the employer’s duty to his employee in one of my other series ‘Know Your Rights As An Employee’).

Remedies For Negligence
The basic remedy for a victim of negligence is to ask for damages in respect of the injury or damage he suffered. He may claim general damages of any amount though, the court is at liberty to award the amount that will adequately compensate him.
He may also claim special damages which may include the cost of treating his injuries or the amount spent in repairing/reconstructing his property. Where he claims special damage, he is under a legal obligation to provide documentary or solid evidence before the court may award him his claims. If he claimed to have spent N10,000 on medical treatment, he must be able to provide documentary evidence in the form of medical bills for the full amount before the court will grant this award. If he claims repairs, he must be able to provide receipts or invoices of the materials used or the amount paid to the workers to buttress his claim.

[Author]

Posts