Negligence

In personal injury cases, the circumstances surrounding each situation are different.

Some examples of negligence include:

• A car accident in which Driver A is texting, runs a red light and hits Driver B. Driver A did not keep his eyes on the road. He has breached his duty of care as a safe driver.  He did not take action to remain focused on the road causing the accident and injuring Driver B.

• Negligence can be found in some medical cases where the patient was not provided proper care. This patient’s condition could have worsened because of Doctor A not taking the proper action. If the client could prove that other doctors could have performed a procedure differently than Doctor A, it is possible to prove a breach in duty of care.

• A retail store/business could neglect to mop water or place caution signs causing a customer to slip and fall. The injured customer could try to prove negligence in customer safety.

In a personal injury claim, a client would need to provide the following to prove that the other party has breached duty of care:

• An official report from a police department, hospital, or security footage
• Testimony of eyewitness
• Testimony of the injured party
• Vehicle damage, bodily harm