Determining Negligence


Are you trying to see if you can determine negligence in your case and hire a negligence attorney? This video gives a brief overview of how to determine negligence and what you will need.

Negligence is defined as a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Primary factors to consider in ascertaining whether the person’s conduct lacks reasonable care are the foreseeable likelihood that the person’s conduct will result in harm, the foreseeable severity of any harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm.

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According to Cornell Law School, here are some things to consider. Four elements are required to establish a prima facie case of negligence. First is the existence of a legal duty that the defendant owed to the plaintiff. Next is the defendant’s breach of that duty. There is also the plaintiff’s sufferance of an injury. And you will need proof that defendant’s breach caused the injury (typically defined through proximate cause). Typically, if the defendant had a duty to act, did not act (resulting in a breach), and that breach caused an injury, then the defendant’s actions will be classified as misfeasance.

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