Monday, November 23, 2009

Negligence- What It Is, and How to Avoid It

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).