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Negligence

Home Practice Areas Negligence

Negligence is basically failing to do something one should do, or doing something a reasonable person would not do. Running a stop sign and crushing into another vehicle is a common example.

Negligence lawsuits are filed against an entity or person who failed to be reasonably cautious in their actions, or when providing a product or service to patients or customers. Many times negligence lawsuits are directed toward specific industry professionals where accidents occur that are out of their control such as medical professionals, but negligence lawsuits can be directed at any person or entity whose actions led to the injury of another based on how negligent those actions were.

In order to have any grounds for a negligence lawsuit, it must be proven that harm was actually caused by unreasonable actions on the part of the negligent party. It must also be shown that these injuries could have been avoided if the responsible party had been more careful and utilized a “duty to care.”

Some examples of negligence lawsuits are, but are not limited to:

Product Liability

  • When companies make and sell products, they have to make sure they are safe, free of defects. If they learn of unsafe conditions, they should redesign them or provide warnings. They should monitor the product to be sure the instructions and warnings are being followed.
  • KBA’s attorneys have litigated everything from medical devices to table saw, pharmaceuticals to lawn mowers, planes, trains, and automobiles too.

 

Vehicle Injuries – Car Accidents, Trucking Accidents, Planes, Boats, and Trains 

  • Everyone operating a vehicle, whether on land or water, is required to show a reasonable amount of care and safety. If they do not, and their actions injure someone, the survivor can sue for negligence.

 

Premises Liability

  • Property owners must exercise reasonable care in maintaining their property. It should be reasonably safe for those who visit or use is. If someone is injured because of action or inaction on the part of the owner, the injured person can also sue for negligence.
  • Fallen electrical wires, unsafe equipment, premises in disrepair and just a few example of case KBA has handled.

How to Prove Negligence

The crucial element of a negligence lawsuit is the ability to prove whether or not the injuries that were sustained were directly connected to a negligent person or party. The three elements that must be proven in a negligence lawsuit include:

Breach of Duty

Individuals have a certain standard of conduct to ensure the safety of others around them. It must be proven that the individual who is accused of negligence had a duty to care towards the individual who was harmed. This element is often difficult to determine and show.

Cause

Plaintiffs of a negligence lawsuit must also prove that if the accused individual or party had not acted in a negligent manner, the plaintiff would not have been harmed. A direct cause may be shown if the actions were so blatantly irresponsible that they clearly put people in the vicinity at risk. Defendants also have the responsibility to ensure that any actions he or she is carrying out will not put others in danger, within reason. In other words, the defendant should have acted reasonably to avoid injuries to nearby individuals and used reason to determine how their actions might harm others.

Damages

The third element in a negligence lawsuit involves the plaintiff’s injury and the monetary damage sustained as a result of the injuries. If any actual monetary damages were sustained, the defendant will be held liable. Medical bills, property damage, and other direct monetary damages may all be compensated by the defendant if negligence, fault, and damages are proven.

Contact an Experienced Negligence Attorney

Injuries can be devastating to a family, especially if the injured person is the main provider. When these situations happen because of the carelessness of another person, the person and their family may be entitled to compensation through a negligence lawsuit. If you or someone you know has been involved in an accident that involved the negligence of another, your next step should be to contact an experienced negligence lawsuit attorney. KBA Attorneys has years of experience dealing with all kinds of negligence lawsuits, and we want to help you secure compensation and justice. Contact us or fill out our online application for a case evaluation, so we can advise you on the next steps you should take.

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