Negligence is an important part of many personal injury lawsuits. Many claims hinge on the concept in order to show that another person caused an accident that lead to your injuries. While in some cases it may seem simple enough to prove that the other party was negligent and at-fault, proving so in a court of law is often more complicated.
Whether you have been injured in an auto accident, a slip and fall accident or medical malpractice incident, negligence may have played a role in your injury. In order to prove that another persons negligence caused your injury, you will have to demonstrate a few important elements.
Duty of Care
A duty of care is a persons obligation to avoid causing injury to another person or placing them in a dangerous situation. In almost every situation, everyone has some duty of care toward others.
When driving on the highway, for example, drivers have an obligation to keep their vehicle in good working order and to obey traffic laws.
Property and business owners have an obligation to the public to keep their premises clear of any known hazards in order to prevent a slip and fall accident.
Manufacturers have an obligation to create and sell products that are safe.
Once it has been established that a person had a duty of care, it must be proven that they failed to act on or broke that duty and in doing so caused your injuries.
For example, when a speed limit is posted, a driver has a duty of care to follow that posted speed limit. Witness statements or police reports could prove that the driver was going above the posted speed limit, thus breaching the duty of care, when they crashed into your car and caused your injury.
While in some cases it may be easy to prove that a negligent party caused your injuries, it many cases there are several factors that could have led to your injuries. That is why it is important to have an experienced personal injury lawyer on your side.
Our lawyers have years of experience and can help you get the compensation you deserve for your injuries.
Call (866) 320-4770 to schedule a free consultation today.