Sometimes the word negligence is used in the context of a criminal charge such as reckless driving. However, in personal injury cases, it is used to describe a situation where a person failed to act with reasonable care. This standard is frequently used in dog bites, drowning, or negligent supervision. It can also be used in motor vehicle accidents and boating accidents. In general negligence cases, the injured party asserts that the at fault party did not act as a reasonably prudent person. The at fault party failed to act with proper or reasonable care.
To prove a negligence case, the attorney must establish that the defendant had a duty to the plaintiff, that duty was breached, the breach was the cause of the plaintiff’s injuries, and the plaintiff sustained measurable injuries as a result. Negligence cases are common but can be complex. A plaintiff can not recover if the elements of negligence are not provable. If your circumstances or injury warrant a negligence civil suit, it is very important that you speak with an attorney. Meeting the elements of a negligence claim require very specific evidence and you will need legal guidance. If you think you have a negligence claim, please contact our office as soon as possible for a free consultation.