- HOMEOWNERS’ RIGHTS
- LANDLORD & TENANT
Proving negligence requires a showing that the defendant’s conduct fell below the standard of care, or duty, the plaintiff reasonably expected from the defendant.
The law imposes a duty to act “reasonably” on almost everyone. When someone has specialized skill or knowledge, such as doctors and lawyers, then the law imposes a duty on those people to act reasonably relative to others in their profession (a “reasonable doctor”). This is known as the “duty of care.”
When someone does something that falls short of their duty of care, we describe that conduct as “negligence.”
When negligence causes injury to another, then the injured party has the right to recover for the injury from the person who negligently caused the injury. Sometimes multiple factors combine to cause injury, so before the law imposes responsibility for the injury, a plaintiff is required to prove that the defendant’s negligence was a “proximate cause” or a “substantial factor” in causing the injury.
MEDICAL NEGLIGENCE (physicians, nurses & medical facilities)
OTHER PROFESSIONAL NEGLIGENCE (attorneys, accountants, realtors, etc.)
UNSAFE BUILDINGS, ROADWAYS & PROPERTY CONDITIONS
Frequently, an expert is required to determine whether there is a viable negligence claim. Accident reconstruction, medicine, law, and various other types of expert analysis often helps establish what happened and who was at fault. In addition to proving fault, expert testimony is often critical to proving damages. In the case of physical injury, a multitude of medical, vocational, psychological, and other experts may be required to properly prove the value of the damages suffered by an injured plaintiff.