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Proving Negligence

Negligence refers to an area of law that accounts for the conduct of an individual and allows for others to receive compensation if the aforementioned individual’s conduct resulted in an injury.

Specifically, the conduct in question refers the failure of an individual to do or carry out what a “reasonable person” would do in a similar situation to prevent harm or injury to another individual, with respects to a product of service offered.

For example, if a product manufacturer fails to inspect the items being produced for possible safety concerns, they could be guilty of negligence if a consumer were injured with one of these products.

Elements of Negligence

In order to prove negligence in a case, all of the following elements must be proven:

  • Duty of Care
  • Breach of Duty
  • Factual Causation

Duty of Care

Duty of care refers to the responsibility that the defendant had to know about any potential hazards or dangers associated with their product or service.

Breach of Duty

Breach of duty refers to the failure of the defendant to repair any potential hazard or danger (mentioned above), the failure to appropriately warn consumers about any possible dangers, or failure to refrain from dangerous actions that could create hazards with the defendant’s product or service.

Proximate Cause

Proximate cause is the proof that the defendant’s actions, or failure to act, directly led to and was the proximate cause of injuries suffered by the plaintiff.

Negligence is a very confusing area of U.S. law, and can be difficult to prove in many cases. It is important to have an experienced legal professional help you get the compensation you deserve if you have been a victim of the negligent action of another individual.

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