Foreseeability

Foreseeability, in cases of personal injury, refers to the ability of an offender to have anticipated the injury to result from their actions. Foreseeability is most often an issue presented in determining the level of negligence that an offender has demonstrated. Where foreseeability of the injury itself cannot be proved, but harm of some type might have been anticipated with the actions taken, the offender is only guilty of negligence. This is possible if the offender, as the driver of a car, was unaware that their car had bad brakes because he had not maintained his car recently. Conversely, where foreseeability of a injury can be proved certainly, the offender may be guilty of gross negligence, which is a greater offense, because his actions were in complete disregard of the other injured person. This type of negligence would be possible if the offender knowingly drove a car that had no brakes on the road, and caused the accident as a result.

Fast Facts

  • gross negligence is similar to willful or wanton misconduct

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