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When you look at the lingo and terminology surround personal injury cases, one word keeps popping up again and again—negligence. A negligence case is something that is pretty easy to define, but it takes more to prove it legally in a court. Negligence is the failure of a person to use reasonable care. When this failure results in damage or an injury to another person, then that person can seek restitution through a personal injury lawsuit. Do You Have a Case?
The Florida Negligence Law Group are dedicated to serving clients throughout southern Florida specializing in the many sides of negligence. Our personal injury lawyers provide the highest quality, professional legal services and make every effort to get the best results for our clients. Here, the injured party has to prove that the accident was caused by another person's disregard or carelessness as it pertains to their safety. In order to prove negligence, the injured part has to prove two basic assertions—first that there was a "duty of care" and then that there was a "breach" of that duty by the other party. There are also to other elements that must be proven as well, namely causation and damages.
Duty—The first element that must be proven is whether or not the defendant owed a "duty of care" to the plaintiff. This can include landowners, including landlords who owe a duty of care to those who come on the property, and business owners who owe a duty of care to those who enter the business, including employees and customers.
Breach—The second element that must be proven is that the duty of care was breached by the defendant acting (or failing to act) in a certain way. For instance, if a landlord breaches the duty of care by failing to install handrails on a staircase, then the second element has been met.
Causation—The third element, causation, is that the plaintiff must prove that the defendant's actions (or inaction) caused the plaintiff's injury.
Damages—The final element of proof is damages. In this area, the plaintiff must show that he was somehow injured or suffered damage as a result of the defendant's actions (or inactions).
The most difficult of the four elements to prove is determining what is considered a true "breach" of care. You must demonstrate that the defendant's actions failed to meet the required level of reasonable care under the circumstances. (This can also include a defendant's lack of action. But what exactly is "reasonable care"? This must usually be taken on a case-by-case basis.
We thoroughly understand the specific regulations, codes, and laws that must be followed by the people and staff working in public places in Florida. As such, we are able to give a professional opinion as to whether these regulations, codes, and laws have been broken or improperly followed and we can help you determine if your particular case involves a breach of reasonable care. Such a breach can lead to serious injuries, and, in the extreme, even death.