General Negligence
General negligence, in its broadest sense, means carelessness or recklessness. In its strict definition, it is a culpable conduct falling short of what a reasonable and prudent man would do to avoid injury or foreseeable harm to another.
Negligence is oftentimes the root of personal injury cases such as wrongful death, animal bites, defective products and premise liability among others.
Elements
Negligence is an actionable wrong. The concurrence of the following will entitle one to recover damages:
1. defendant’s duty to observe care;
2. defendant’s failure to observe reasonable care;
3. defendant’s act causes damage to the plaintiff; and
4. damage is due to defendant’s breach of duty.
To illustrate, a driver has the duty to operate his car within the speed limit and abide road rules and regulations. Otherwise, the driver shall be held liable if collision happen due to over speeding and someone sustained injury or died in the process.
The liability is premised on the fact that the driver has been negligent.
Pursuing a Negligence Case
A case based on negligence appears easy and uncomplicated but the actual process is may not only be tiring but also intricate.
To attach liability on the erring person, you have to allege and prove the above mention elements. It is a prerequisite.
Allegations and proofs may be overwhelming on an ordinary person. Lack of necessary knowledge and skills will surely prevent parties to the case from litigation.
If you feel like your rights have been violated and want to file a case, consulting a lawyer will make things a lot less complicated for you.
General negligence, in its broadest sense, means carelessness or recklessness. In its strict definition, it is a culpable conduct falling short of what a reasonable and prudent man would do to avoid injury or foreseeable harm to another.
Negligence is oftentimes the root of personal injury cases such as wrongful death, animal bites, defective products and premise liability among others.
Elements
Negligence is an actionable wrong. The concurrence of the following will entitle one to recover damages:
1. defendant’s duty to observe care;
2. defendant’s failure to observe reasonable care;
3. defendant’s act causes damage to the plaintiff; and
4. damage is due to defendant’s breach of duty.
To illustrate, a driver has the duty to operate his car within the speed limit and abide road rules and regulations. Otherwise, the driver shall be held liable if collision happen due to over speeding and someone sustained injury or died in the process.
The liability is premised on the fact that the driver has been negligent.
Pursuing a Negligence Case
A case based on negligence appears easy and uncomplicated but the actual process is may not only be tiring but also intricate.
To attach liability on the erring person, you have to allege and prove the above mention elements. It is a prerequisite.
Allegations and proofs may be overwhelming on an ordinary person. Lack of necessary knowledge and skills will surely prevent parties to the case from litigation.
If you feel like your rights have been violated and want to file a case, consulting a lawyer will make things a lot less complicated for you.
Our general negligence lawyers will do just that. Our more than ten years of legal service has gained us the expertise and knowledge to handle negligence cases.
Our dynamic and aggressive Los Angeles lawyers will do everything to put the blame on the other party. We will give you the best legal representation you deserve.
Contact us by calling our toll free number or filling out our free case evaluation form. Our friendly and professional legal staffs are more than willing to assist you.
Our dynamic and aggressive Los Angeles lawyers will do everything to put the blame on the other party. We will give you the best legal representation you deserve.
Contact us by calling our toll free number or filling out our free case evaluation form. Our friendly and professional legal staffs are more than willing to assist you.