If you or a loved one has experienced an injury in a premises liability case, you may be familiar with or have at least heard of, negligence. Defining negligence within premises liability cases is often essential to proving fault, and gaining fair compensation for the injured individual. Without proof of negligence, it is unlikely that the injured party will see the outcome they desire.
To put it quite plainly, negligence can be defined as an individual or corporation behaving carelessly or recklessly, causing injury to another person or group of people. However, legally speaking, negligence may not be as easy to define. There are a few moving parts to defining and proving negligence in a premises liability case. These parts include duty, breach, causation, and damages or harm. Let’s take a closer look at each of these, and how they play a part in premises liability cases.
Duty
To summarize, duty is the responsibility that the supposed liable party owed to the injured party to keep them safe and secure. This duty must be proven to establish any negligence claim. In some circumstances, this legal duty of care is clearly defined, such as in doctor-patient relationships. It is the doctor’s legal responsibility to act reasonably in order to take care of their patient. In other circumstances, this legal duty of care may not be as clearly defined, but may still exist. For instance, on a property, such as most premises liability cases, it is the owner’s responsibility to provide a safe environment for others. It is the owner’s duty to do everything in their power to do so.
Breach
Once a legal duty has been defined, it can be determined if the supposed liable party has breached said responsibility. Breach of duty is a specific action or inaction taken by an individual or corporation that resulted in the affected individual’s injuries. Quite often, a comparison is made between the behavior or the party in question and the behavior of a “reasonably prudent person.” This essentially means that if a person, given the information available at the time of the accident, would have known that an injury could occur or would have made alternative decisions to prevent a potential injury, it can be assumed that the supposed liable party has breached their legal duty.
Causation
Not only does a legal duty need to be defined, and a breach of that duty proven, but it also needs to be clear how these circumstances caused the injury that resulted. A mere correlation may not be enough to prove negligence. While negligence may be present, it needs to be shown how the exact negligence in question resulted in the specific injury suffered. In addition, it needs to be considered whether the supposed responsible party had enough information at the time to have the foresight that a potential injury might occur. If it could not have been reasonably deduced that the outcome was going to happen, or if the injury resulted from unforeseeable circumstances, causation may not be able to be proved.
Damages
Lastly, if duty, breach, and causation have all been established, the damages must also be able to be proven. This means that after determining that the supposed responsible party had a legal duty, and proving that they breached said duty, which caused the injury in question, it is now imperative to prove the existence and severity of the injury itself. In addition to the injury itself, if the affected individual is claiming damages, these must be proven as well. In any circumstances, proving negligence may be difficult. If you have experienced a personal injury due to negligence and you have an open premises liability case, your priority should be resting and healing.
Premises Liability Cases with ZT Law Group
ZT Law Group has handled premises liability cases on both the plaintiff and defense sides. We know what the tactics are that insurance companies use to attempt to avoid paying injured patrons and guests. Call ZT Law Group now for a free consultation and let our attorneys investigate your premises liability claim to find the best way to maximize the compensation you deserve!
**The foregoing is not legal advice, and the information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only and any Readers of this website should contact an attorney to obtain advice with respect to any particular legal matter.**