Learn about basic legal concepts.
Viewing entries in
Law Review
A person is negligent when he fails to do something that a reasonably careful person would do, or he does something that a reasonably careful person would not do, under the same or similar circumstances. An assessment of negligence, in the legal context, examines a person’s duty to other members of society and analyzes whether the person breached this duty. This inquiry becomes significant in the context of a civil lawsuit when the negligent act causes injury to another person.
Informed consent is theory of liability in medical malpractice cases. This is the third part in a multipart series on informed consent. The purpose of this series is to provide a general understanding of informed consent as a theory of liability in medical malpractice. This review is intended for non-lawyers, although it will be more in depth than an ordinary review on attorneynessler.com. This series will discuss the general concepts of informed consent by discussing the Fourth District Appellate Court's decision in Crim, et al. v. Dietrich, (2016 IL App (4th) 150843).
The term “reckless” has a special meaning in Illinois civil law. The law views a reckless act as a more serious offense than a negligent act. Drinking and driving ordinarily constitutes a reckless act, because drinking and driving shows a willful and wanton disregard for the safety of others. While the distinction between a negligent act and a reckless act is sometimes subtle and nuanced, this distinction can be very significant in a legal context. If a person acts recklessly or with willful and wanton disregard for the safety of others, and the reckless act injures another, an Illinois court might permit the injured person to ask a jury to award punitive damages against the intoxicated driver.
Whether a landowner is liable for an injury caused by someone falling on ice or snow depends on the facts and circumstances of each case. Like most areas of civil liability, the rules governing liability for falls on snow or ice are designed to be fair and reasonable. The rule makers attempt to balance the rights of the landowner against society’s interest in holding its members responsible for wrongful or negligent acts.
