Negligence is the
failure to use reasonable care to avoid a
foreseeable harm to person or property. To prove
negligence several criteria must be met:
- First, you must show
that there was a duty owed from one person to another.
The nature of that duty may change depending on the
relationship of the parties. Typically, persons owe a
duty of "ordinary care" to other people. However, a
child is held to a lower standard, that being what
another child would do under the circumstances, as
opposed to what an adult would do. Certain professionals
and tradesmen are held to a higher standard, that being
what other persons in that profession or trade would do
under the circumstances.
- Second, it must be
shown that there was a breach of that standard of care.
In other words, someone failed to do what they should
have under the circumstances in light of the duty owed
from one person to another.
- Third, it must be shown
that the breach of that standard of care was the actual
and "proximate", or legal, cause of the injury. This
means that the injury was the foreseeable consequence of
the breach of care.
Lastly, damages must be
shown to have resulted from all of the above. If you or a
loved one has suffered an injury due to negligence, call
Law Office of James C. DeZao at 1-800-675-2604 . The initial
consultation is free of charge, and if we agree to handle
your case, we will work on a contingency fee basis, which
means we get paid for our services only if there is a
monetary recovery of funds. In many cases a lawsuit must be
filed before an applicable expiration date, known as a
statute of limitations. Therefore, please call right away to
ensure that you do not waive your right to possible
compensation.
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