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Understanding Negligence
Only an Experienced Personal Injury Attorney Can Tell You If You Have a Personal Injury Claim; However, a Basic Understanding of the Concept of Negligence May Be Beneficial
If you have been injured in an accident you could be entitled to compensation for the injuries you suffered. Although we commonly use the term accident, many accidents are actually the result of the intentional or negligent conduct of another party. When another party caused, or contributed to, the accident that caused your injuries you may have the basis for a personal injury lawsuit. To prevail in the lawsuit you must prove that the defendants conduct rises to a level that the law requires in order to hold the defendant financially responsible for your injuries. In most cases this requires you to prove that the defendant was negligent. Only an experienced California personal injury attorney can tell you if the specific facts and circumstances surrounding your accident form the basis of a viable personal injury lawsuit; however, a basic understanding of the concept of negligence may be beneficial in the meantime.
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defendants conduct must fall into one of three categories intentional, strict liability, or negligent. Intentional conduct, as the name implies, is conduct that was willful or purposeful. Often, intentional conduct also gives rise to criminal charges. Imagine, for example, that you are the victim of road rage wherein another motorist becomes so angry and aggressive that he actually physically assaults you. The motorist would likely face criminal charges for assault; however, you would also be entitled to file a civil lawsuit for damages based on injuries you suffered as a result of the defendants intentional conduct. Strict liability is rarely used because it makes a defendant liable regardless of the defendants mensrea, or state of mind, and regardless of whether the defendant did anything to try and prevent injury from occurring. Dog bite cases are based on strict liability in some states, including California. In essence, strict liability only requires an injury to a victim. In California, for example, The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place,
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including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. California Civil Code section 3342. The vast majority of personal injury lawsuits are based on negligence. Negligence is the most difficult of the three to understand as well. The precise definition of negligence has been argued and debated by scholars, attorneys, and judges for decades. In its simplest terms, negligence requires four elements duty of care, breach of duty, causation, and damages. All four elements must be proven to prevail in a personal injury lawsuit based on negligence.
DUTY OF CARE
The first, and most important, element in a negligence lawsuit is the duty of care. The defendant must have owed a duty of care to the victim. The duty of care means that the defendant was legally obligated to do everything reasonably possible to prevent harm to the victim. By way of illustration: A motorist operating a vehicle on a public roadway owes a duty of care to everyone else on the roadway. A business owner owes a duty of care to members of the public who enter the business
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A restaurant owner owes a duty of care to the customers who eat in the restaurant A vehicle manufacturer owes a duty of care to the customers who purchase the vehicles
Once you have established that the defendant owed a duty of care to the victim the next question is whether or not the defendant breached that duty of care. This is often where is gets tricky because the exactly what duty of care was owed to a potential victim often depends on the relationship between the defendant and the victim. A doctor, for instance, owes a higher duty to an injured patient than someone passing by on the street who sees an injured individual. Likewise, the law says that a store owner owes a higher duty of care to a customer than would be owed to a serviceman who is there to repair something. Furthermore, the test for breaching the duty of care can have both an objective and a subjective component. An objective analysis can be used if the defendant knowingly breached the duty of care. If the defendant did not knowingly breach the duty of care than a subjective analysis must decide if the defendant should have knownthat the defendants conduct placed the victim at risk of harm. The question is often Would a
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reasonable person have known that the defendants conduct would place the victim at risk of harm? Whether or not a breach has occurred depends on the facts of the case. Some cases are easier to decide than others. A motorist who gets behind the wheel while intoxicated has clearly breached the duty of care. Likewise, a surgeon who operates while under the influence of drugs has also breached the duty of care. Other situations are more difficult to decide and, therefore, require a detailed review and analysis by an experienced California personal injury attorney.
CAUSATION
Assuming that both of the first two elements have been established, causation must then be established. Often this is easy as causation flows naturally from the events that occurred; however, in some cases causation can be tricky. It must be proven that the defendants breach of duty caused the victims injuries. The question used to determine causation is often But for the defendants action would the victim have been injured? This test, however, does have a limit. If the injuries a victim suffered were so unlikely that they could not reasonably have been foreseen then the defendant may not be held liable even if the But for test is passed. This typically applies when the defendants conduct sets off a chain of events
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that could never have been foreseen and that ultimately cause injury to the victim.
DAMAGES
Damages refers to the harm done to the victim. In a personal injury lawsuit a victim usually claims both economic and non-economic damages. Both must be proven to be compensable. Economic damages include things such as medical bills, property damage, and lost wages. Non-economic damages are what people usually refer to as pain and suffering. To prevail in a California personal injury lawsuit based on negligence all four elements must be proven to the satisfaction of the judge or jury. In some cases negligence on the part of a defendant is clear; however, more often than not negligence is the first, and most important, hurdle in a personal injury lawsuit. If you believe that you have been injured as a result of the negligence of another party, contact an experienced California personal injury attorney right away to have your case evaluated as there are time limits within which a lawsuit must be filed to preserve your right to compensation. Justia, California Civil Jury Instructions -- Negligence Findlaw, Elements of a Negligence Case
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