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Benton Harbor Man Awarded $3M from O’Reilly Auto Parts Lawsuit
James King, a 24-year-old Benton Harbor man, has been awarded $3 million in damages after a federal jury found O’Reilly Auto Parts liable for the crash that left him paralyzed from the waist down.
King was working on his car in the parking lot of an O’Reilly store in St. Joseph in 2017 when he was hit by a car driven by an employee of the store. The employee, who was allegedly intoxicated at the time, was backing out of a parking space when he struck King.
O’Reilly Auto Parts Negligence
The jury found that O’Reilly Auto Parts was negligent in hiring and supervising the employee and that the company’s negligence was a direct cause of King’s injuries.
The jury awarded King $2 million for his pain and suffering, $1 million for his lost wages, and $1 million for his future medical expenses.
Definition of Negligence
Negligence is defined as the failure to exercise the care that a reasonably prudent person would have exercised in the same situation.
In this case, the jury found that O’Reilly Auto Parts was negligent in hiring and supervising the employee because the company knew or should have known that the employee was a danger to others.
History of Negligence Law
The concept of negligence has been around for centuries. The first negligence case was decided in England in 1763.
In the United States, negligence law is based on the common law. This means that it is based on the decisions of judges in previous cases.
Meaning of Negligence in This Case
In the context of this case, negligence means that O’Reilly Auto Parts failed to take reasonable steps to prevent the accident that injured King.
The company could have prevented the accident by taking steps such as:
- Conducting a background check on the employee
- Providing the employee with training on safe driving practices
- Supervising the employee more closely
Latest Trends in Negligence Law
There are a number of recent trends in negligence law, including:
- An increase in the number of lawsuits filed against businesses
- A broadening of the definition of negligence
- An increase in the amount of damages awarded to plaintiffs
Tips and Expert Advice on Avoiding Negligence
Here are some tips and expert advice on how to avoid negligence:
- Be aware of your surroundings
- Take reasonable steps to prevent accidents
- Get insurance to protect yourself from liability
If you are injured due to the negligence of another person or company, you may be entitled to compensation for your injuries.
Contact an attorney to discuss your legal options.
FAQ on Negligence Law
Q: What is the difference between negligence and gross negligence?
A: Negligence is the failure to exercise reasonable care, while gross negligence is the failure to exercise even slight care.
Q: What are the elements of a negligence claim?
A: The elements of a negligence claim are duty, breach of duty, causation, and damages.
Q: What are the defenses to a negligence claim?
A: The defenses to a negligence claim include contributory negligence, assumption of the risk, and the statute of limitations.
Conclusion
Negligence is a serious issue that can have devastating consequences.
By following the tips and advice in this article, you can help to avoid negligence and protect yourself and others from harm.
Are you interested in learning more about negligence law?
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