In some cases, a defendant may be liable for injuries resulting from a third party's negligence. Under the FTCA, the federal government acts as a self-insurer, and recognizes liability for the negligent or wrongful acts or omissions of its employees.Contributory negligence is not a defense (resp. In many jurisdictions, this rule is known as the "impact rule" and it requires some physical injury before negligence liability may attach. A person is negligent when he fails to exercise ordinary care. Ordinary care is the care which a reasonable person would use in similar circumstances. Premises liability; Elder abuse or neglect. A lawyer can help you determine if your claim meets the five elements of negligence required to prove your case. Negligence in the implementation of the decision can give rise to liability. Defendants requested a judgment non obstante veredicto ( n.o.