The ability to prove negligence is one of the most critical factors needed to win compensation in a personal injury lawsuit. It must be proven that the at-fault person had a particular duty of care to you and that they breached that duty. In other words, you have to prove that the party you want to sue acted negligently in some way and that you suffered substantial injuries as a direct result of that negligence.
Examples of Negligence or Breach of Duty of Care
Car accidents are one of the most common bases for a personal injury lawsuit. Drivers have a duty of care to other people on the street to drive with reasonable care and obey traffic laws. If a pedestrian lawfully crosses a street on a green light in a designated crosswalk and a driver on the cross street runs a red light and strikes the pedestrian, the driver would be considered at fault.
Similarly, a business owner has a duty of care to their customers to maintain their facilities in a reasonably safe condition. If a customer suffered a severe head injury because an improperly-secured shelf fell, the store owner would likely be held liable for the customer’s injuries because they had a duty of care to make sure that their premises were free of dangerous hazards.
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