The Legal Theory of Negligence
Even when the evidence highlights the negligence of the person responsible for a given accident, the individual that has submitted a personal injury claim must prove the existence of such negligence.
What a charge of negligence says about a defendant.
That charge alleges that the defendant behaved in a careless and neglectful manner. That behavior could take the form of an inappropriate action, or it could get demonstrated by failure to act in the appropriate manner.
Elements required in a charge of negligence
Evidence that the defendant had a duty of care towards the plaintiff at the time of the accident. When 2 drivers are traveling on the same road, each is expected to use care, in order to keep from harming the other driver.
If an invited visitor enters a home, the host is expected to take care, regarding the placement of any unexpected objects in the visitor’s path. Similarly, if a customer walks into a store, the store’s owner should make certain that the same customer does not get injured, while shopping on the store’s premises.
The second element in a charge of negligence concerns the actions taken by the person that has a duty of care towards the plaintiff. The plaintiff must show that the defendant breached his or her duty.
If a driver were to get a ticket before becoming involved in an accident, then that fact could be pointed to as proof that the defendant had breached his or her duty of care. Similarly, a store owner’s failure to clean a spill from the floor as rapidly as possible would represent the breaching of that same owner’s duty towards his or her customers.
The third element required for proving careless and neglectful conduct consists of proof that the defendant caused the plaintiff’s injury. Defendants often demand evidence that the plaintiff sought immediate medical attention, in order to create an obstacle for the Accident Lawyer in Langley that has tried to prove that third element.
Finally, for that fourth and final element, it becomes the lawyer’s job to show that the claimant/plaintiff did experience a loss, as a result of the accident-caused injury. Sometimes, in seeking to dispute the existence of that fourth element, the defendant raises a specific objection.
He or she points to the plaintiff’s past medical history. It might include mention of a chronic medical condition, or a history of past accident injuries. Evidence of such facts in the plaintiff’s medical history might be pointed to as evidence that the plaintiff’s injury was caused by more than one factor.
The defendant could suggest an alternative factor. A reasonable suggestion could cast doubt on the veracity of the alleged charge of negligence on the defendant’s part.