With all of the media coverage regarding the horrific tragedy and loss surrounding Kobe Bryant’s and Gianna Bryant’s death, I wanted to address the theory of negligence specifically related to this incident. According to The Los Angeles Times, Bryant filed a lawsuit in Los Angeles County Superior Court against Fillmore-based Island Express Holding Corp. and Island Express Helicopters. The suit alleges that the pilot, Ara Zobayan, who also died in the helicopter crash, failed “to use ordinary care in piloting the subject aircraft” and was negligent. While I will not expound on this case, and leave that to the attorneys involved, I want to discuss negligence.
The definition of “negligence” according to www.thelawdictionary.org, offers the following description:
NEGLIGENCE. The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Personal injury cases are founded on the theory of negligence. The essential elements of a negligence action are
- a duty of reasonable care owed by the defendant to the plaintiff;
- a breach of that duty;
- the causation, both actually and proximately of injury;
- the suffering of damages by the plaintiff.
Negligence is not just applicable to automobile accident cases. Instead, it also pertains to public transportation, buses, trains, aircraft, boats, motorcycles, bicycles, etc. Negligence can also apply to professionals.
If you have suffered injuries as a result of another, contact our office today.
