Proving negligence is one of the main points of a personal injury case. There are four elements that must be proven in order to prove negligence in a court of law. These four elements can help win cases where injury has been caused by the negligence of another person.
Duty of Care
The first element in proving negligence is proving that a duty of care was owed to the individual. Duty of care means that an individual owes a certain level of care to prevent injury to another person. For example, those operating a motor vehicle have a duty to not hit other people. A doctor has a duty to provide adequate medical care to their patients. A business has a reasonable duty to keep their premises safe for customers.
Breach of Duty
Once it has been determined that an individual has the duty of care towards another person, a breach of this duty can be determined. Texting while driving counts as a breach of the duty of care.
If there has been a breach of duty, the next step is to determine that the breach of duty resulted in the accident or injury. An accident caused because a driver was texting is enough to prove causation.
Finally, it has to be proved that there were damages caused by the breach of duty. These damages can be injuries, damage to property, or more. If the injuries would not have occurred without the breach of care, it is likely that you will be able to prove negligence.
These four elements are necessary in proving negligence in a personal injury case. Negligence can be difficult to prove, which is why it is necessary to know the required elements to prove negligence. If you or a loved one has experienced a personal injury due to the negligence of another, contact us at LeBaron & Jensen today!