Proving Negligence
In most personal injury cases, the plaintiff (or the claimant) must prove another party’s negligence. Negligence is failing to provide a certain standard of care, regardless of one’s ability or willingness. Once an expected level of care is established, a person must uphold it. Failure to do so can make him or her liable for damages that occur as a direct result of his or her negligence.
If you or someone you know has suffered an injury because of another party’s negligence, you should seek representation immediately. Contact the Harrisburg personal injury attorneys of Lowenthal & Abrams, P.C. by calling 610-667-7511 to discuss the details of your case.
The Four Criteria
In order to do prove negligence, there are four criteria that must be met. These criteria require the plaintiff to:
- Prove that the defendant owed the plaintiff a certain duty of care. For example, a landlord being responsible for structurally sound staircases, working fire detectors, and properly functioning gas lines.
- Prove that the defendant failed to uphold his or her duty of care. For example, in the case of the landlord, if tenants had reported that the staircase was hazardous, but the landlord failed to take the appropriate action to remedy the problem.
- Prove that the defendant’s breach of duty caused the plaintiff’s injury. In the case of the tenant and the landlord, this is pretty clear. The tenant fell through the staircase because a step was poorly supported.
- Prove that the plaintiff suffered injury and/or damages as a result of the defendant’s breach of duty. Typically, this criterion would be satisfied with medical records.
A strong personal injury case must satisfy all four criteria before the plaintiff will receive any compensation.
Contact Us
The Harrisburg personal injury lawyers of Lowenthal & Abrams, P.C. are experienced at proving negligence. If you believe you have been injured because of another party’s failure to provide an expected level of care, you may be eligible for compensation. Contact us today at 610-667-7511 to determine your best legal option.