Negligence is the failure to use reasonable care directly resulting in injury or loss to another person. There are four elements required to establish negligence in a personal injury claim. Those include:
- Presence of a Duty of Care -The first element is establishing the presence of a duty owed by one person to another. People have a duty to act in a reasonable manner toward others. Each unique personal injury claim starts with identifying this duty.
- Someone Breached Their Duty -The second element is a breach of the duty owed by one person to another. A person breaches their duty by failing to act in a reasonable manner toward another person.
- The Breach Directly Causes Injuries -The third element is when the breach of duty becomes the direct cause of another person’s injuries. The type and severity of injuries must be related to a failure to act in a reasonable way. The source of the breach could be a person, business, organization, or other entity.
- Proving Monetary Losses -The fourth element is closely tied to each of the first three. When a duty exists, and a breach of that duty directly causes an injury, the injured person is responsible for proving the nature and extent of his injuries.
If you have been injured and are unsure if the responsible party was negligent, the Kubanyi Law Firm can help advise you on your rights and guide you through the process.