Factors of Negligence

Apr 14, 2015 by

For an action to be considered “negligent,” it has to pass four determining factors. There are four aspects to a negligence claim that overall determine if compensation should be dealt. These four elements regard the defendant’s duty, breach of that duty, causation and damages.

The first step asks whether or not the defendant had a legal duty of care. For example, drivers have a legal duty of care for other drivers around them. Their duty is to drive safely, with regard for the personal safety of others on the road.

Following the first step of legal duty is the element of breach of duty. This factor entails that someone with a legal duty violates that duty, and acted unlike a “reasonably prudent person” would. The phrase “reasonably prudent person” simply means an average person. When the defendant’s action is found to be contrary to what an average, reasonable person would do, breach of duty is evident.

Once past the first two steps, the third element to consider is causation. If the defendant’s duty has been identified and a breach of this duty has occurred, then there must be reason to prove that the action is the cause of the plaintiffs injury. Furthermore, there must be evidence that the defendant could foresee and prevent the accident from occurring.

Lastly, the damages are assessed. This is the final step, and determines the compensation amount, if any, that will be given to the plaintiff.

According to the website of the attorneys at the Abel Law Firm, medical bills and property damage expenses can add up, and compensation can significantly help the situation of someone injured.

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