| Negligence
Negligence is the failure to use reasonable care to avoid a foreseeable
harm to person or property. To prove negligence several criteria
must be met:
- First, you must show that there was a duty owed from one person
to another. The nature of that duty may change depending on the
relationship of the parties. Typically, persons owe a duty of
"ordinary care" to other people. However, a child is held to a
lower standard, that being what another child would do under the
circumstances, as opposed to what an adult would do. Certain professionals
and tradesmen are held to a higher standard, that being what other
persons in that profession or trade would do under the circumstances.
- Second, it must be shown that there was a breach of that standard
of care. In other words, someone failed to do what they should
have under the circumstances in light of the duty owed from one
person to another.
- Third, it must be shown that the breach of that standard of
care was the actual and "proximate", or legal, cause of the injury.
This means that the injury was the foreseeable consequence of
the breach of care.
- Lastly, damages must be shown to have resulted from all of the
above.
If you or a loved one is in need of legal assistance, call Boller
& Vaughan S.C. at (608) 268-0268 or submit
an online questionnaire. The initial consultation is free of
charge, and if we agree to handle your case, we will work on a contingency
fee basis, which means we get paid for our services only if there
is a monetary recovery of funds. In many cases, a lawsuit must be
filed before an applicable expiration date, known as a statute of
limitations. Please call right away to ensure that you do not waive
your right to possible compensation.
Airplane
Accidents • Auto
Accidents • Boat Accidents
• Construction Accidents
• Dog Bites • Hazardous
Products • Insurance
Bad Faith • Intentional
Torts • Motor
Vehicle Accidents • Motorcycle
Accidents • Nursing
Home Abuse • Personal
Injury • Premises Liability
• Product Liability
• Slip and Fall
• Spinal Cord Injury
• Traumatic Brain Injury
• Truck Accidents
• Worker's Compensation
• Wrongful Death |
