The number one word you'll hear amongst trial lawyers, especially the ones that advertise on your TV, is negligence. That's the word that will determine whether you (as a client) get to recover for your damages, or whether you (as a defendant) have to pay. There are four elements to a claim of negligence, those being:
1. There must be a duty from one person to another.
2. There must be a breach of that duty.
3. The breach must be the cause of-
4. Damages, which are the subject of a lawsuit.
This week I'll talk about a fictionalized series of lawsuits involving negligence, and for ease of reference they will be between Percy (the Plaintiff) and Darla (the Defendant).