What is negligence law? At Gomez & Golomb LLC, we believe negligence law follows the golden rule, which is “do unto others as you would have them do unto you.” Let’s explain.
To us, negligence is much more than a slick attorney holding a check in a TV commercial or on a billboard. In fact, we doubt those type of attorneys think much beyond making money for themselves. At Gomez & Golomb LLC, we see our job as making sure our clients are fairly compensated for legitimate injuries sustained because another person or entity failed to act responsibly.
The personal injury cases we handle at Gomez & Golomb LLC all involve negligence. This means the responsible party or entity didn’t intend to harm our clients. Rather, the responsible party or entity didn’t pay close enough attention to the road, designed a product without enough attention to safety, or provided medical treatment that wasn’t as good as it should have been.
So, what is negligence and why do we all benefit from this system? Long ago, the first laws developed to discourage citizens from intentionally harming each other. Under this system, when someone intentionally harms another, the state prosecutes the responsible person. If found guilty, the state puts the person in jail.
But what about when someone unintentionally harms another? We agreed that it would be unfair to put someone in jail for conduct that lacked intent, but we also agreed that it would be unfair if there were no consequences. As a middle ground, we created a system in which a negligent party wasn’t prosecuted or jailed, but was liable for the monetary damages caused to the harmed party. In other words, we agreed that we are all obligated to act in a manner consistent with that of an ordinarily prudent and reasonable person. Georgia has laws that confirm this principle. See O.C.G.A. § 51-1-2.
In our view, we’re much better off when someone who intentionally harms another is put in jail and someone who unintentionally harms another pays damages. While not everyone agrees with this system, and there is no doubt abuse, the alternative is a society without incentive to act responsibly and without incentive to treat each other as each of us would like to be treated.