When filing a personal injury claim, your case will depend on “negligence.” The injured party must often prove negligence of the at fault party or their case may be dismissed. Many people don’t truly understand how negligence is defined in legal terms. Kajioka & Associates Attorneys at Law would like to help define negligence and explain the liability concept and the key elements of duty to care and when it has been “breached.”
What is the Meaning of Negligence?
When filing a personal injury claim or a lawsuit, the very first obstacle is establishing “negligence” to the at fault party. Those who have the responsibility of care of duty such as a property owner, must ensure safety while on his or her premises. Failure to do so is when they are negligent. Proving the property owner has been negligent is the first and very important step to your case. The injured person, often referred to as the plaintiff, must show where the defendant failed to provide duty to care and was indeed negligible in providing duty to care. When the defendant has been negligible in providing duty to care, this is what is known as breach of the duty to care. Once breach has to be established. The injuries sustained must be proven as the result of the breach. Once your injuries have been proven to be the result of a breach of duty to care, you have also proven negligence.
What Does it Mean to Owe Someone a Duty of Care?
“Duty to care” is another legal term that defines the property owner to be responsible for the safe, care and wellbeing of all those that come onto their property. “Breach” is when the property owner failed to provide duty to care. However, duty to care can greatly vary depending on the scenario. For those driving a vehicle and hit another person resulting in injury, it can be hard to prove negligence. Road conditions, traffic and weather can result in a vehicle losing control even when the person is following all traffic laws. There are vehicle and traffic codes which help identify a driver’s legal obligations for duty to care. However, if a driver does not adhere to the laws they are in breach of duty to care.
Duty of Care in Healthcare
A slip and fall case is another entirely different scenario. In this case a property owner must follow certain building codes and other regulations to ensure safety. Failure to do so is another example of breach of duty to care. Medical malpractice cases will depend on whether or not the doctor or medical provider followed “medical standards and care” and will often require a medical expert to stand as a witness of malpractice. If a person was severely injured due to a product, they too must adhere to certain laws and regulations. If they fail to do so, the plaintiff may have a case. These are some common scenarios of negligence cases where a personal injury attorney must first prove breach of duty to care and therefore negligence.
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A personal injury case isn’t as simple as most people think it is. It requires a skillful attorney to help build and prove your case. If you have been injured and need help filing a claim or lawsuit, contact Kajioka & Associates Attorneys at Law today.
