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Negligence

In law, negligence is a type of tort or delict that can be either criminal or civil in nature. It can be defined as a conduct that falls below the standard established by the law for the protection of others against unreasonable risk of harm.

Negligence arose from the common law and, although some applications may now be incorporated into statute or codes, it is considered the primary basis upon which to determine liability in tort (in the United States where juries sit in civil trials, succinct definitions of principles are found in the jury instructions). The general test of liability requires the plaintiff or claimant to prove that:

  • the defendant owed a duty of care to the plaintiff/claimant;
  • the defendant breached that duty of care;
  • this breach caused loss or damage to the plaintiff/claimant; and
  • the defendant should compensate the plaintiff/claimant for that loss or damage.

Many times negligence of another occurring in many different forms can create the possibility of an injury claim.

In order to make sure that you are not missing the opportunity to make an injury claim based on the negligence of another call our office today 24 /7 for a free negligence case evaluation with one of our injury attorneys.

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