Types of Negligence

Types of Negligence

The laws determining an individual’s eligibility to pursue a civil action vary from state to state. Some states, for example, hold liquor-serving establishments partially liable for the consequences accidents caused by patrons whom they served while intoxicated and others do not permit such actions. One of the most consistently encountered standards is that the defendant must have engaged in a negligent action or behavior that caused harm to the plaintiff.

There are, however, different forms of negligence. One’s ability to pursue an action and the nature of the stakes of such a claim may be influenced by the governing state’s stance on a specific form of negligence and associated tortuous act. Contact the Charleston personal injury attorneys of the Steinberg Law Firm by calling 843-720-2800 to discuss your potential case.


Though it is not imperative that a plaintiff have a full understanding of how the varied kinds of negligence affect their right to sue, at least a basic grasp can help to prepare them for the kinds of challenges their case may encounter. The following are some doctrines pertaining to negligence:

  • Contributory negligence, when a person cannot sue if they were to blame at all for the harm that they have suffered
  • Pure comparative negligence, when a person can only sue for the portion of the damages which resulted from blame other than their own
  • Modified comparative negligence that forbids plaintiffs suing who are at least half to blame for the accident
  • Modified comparative negligence that forbids plaintiffs suing who are more than half to blame for the accident

It is important to remember that, in the course of the legal proceedings, a plaintiff and defendant will be respectively assigned a percentage of blame according to their role in causing the accident.

Personal Injury Lawyers Representing Charleston & nearby areas of South Carolina


If you have been injured and are considering pursuing legal action against a negligent party, we may be able to help you. For more information regarding your rights as an injured individual, contact the Charleston personal injury lawyers of the Steinberg Law Firm today at 843-720-2800.

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