Negligence involves doing or failing to do something that any reasonable or responsible person would do in a specific situation, and injury or loss occurs to a victim as a result.
How is a claim of negligence made in a personal injury case?
In order to make a claim of negligence against another party or business, you would need to show that:
- The person you believe is responsible for your injury or loss owed you a duty of care, and breached that duty of care that they owed you.
- You suffered a loss, physical injury or some other type of damage at the hands of the negligent party.
- Your injury occurred as a result of the failure to provide the duty of care.
All of these must be shown for a successful claim of personal injury to be filed in your claim. There are specific laws setting out the requirements of a personal injury claim. Never hesitate to call 844-HUNTER-LAW to learn more about the specifics.
I do not understand the duty of care.
Under the law, we all have a duty of care to take reasonable precautions not to cause intentional harm to other people or any of their property. The topic of duty of care and responsibility of others is not always cut and dry, meaning legal advice may be necessary.
How does a failure to abide by a duty of care cause injury to someone else?
There are some times, like a slip and fall on a poorly marked worksite, when it will be obvious and the broken bone will match well with the accident. A breach of duty occurs when the injured party establishes the negligent party could identify a risk for injury or damage. If the negligent party failed to take action to rectify the situation, simply by doing something like properly signing a dangerous worksite, then a definite breach occurred. If the negligent party did not note the risk, but any other prudent person could see the risk of injury, this is also a breach of duty of care.
Please note that there are other times that showing the cause of the injury will be more difficult to prove. There will be questions in difficult cases. At Hunter Law, P.A. we will help you determine if the negligent party owed you a duty of care.