In a slip/fall case, a business or property owner has a premises liability to keep their premises open from known dangers, and should act in a reasonable time to determine and resolve other hazards as they show themselves.
In cases such as medical malpractice, a physician or other healthcare professional should provide treatment to their patients with the same degree of care and skill that a reasonably capable health care provider would do with under the same circumstances. Here you understand the prevalent medical practices and standards in the same medical specialty or field, which is frequently proven by medical professional witnesses.
In cases like defective products, a consumer product’s maker, distributor, and seller all have the legal responsibility to manufacture and sell merchandises that do not have unexpected or unreasonable hazards to consumers.
As soon as the duty of care is proven, the job of the plaintiff (frequently through his/her lawyer) is to prove just how the defendant breached or violated the standard of care. Under the circumstances, what did the offender fail to do that made his/her action unreasonable? Basically, just how must the defendant be deemed legally responsible for causing injuries to the plaintiff?
Let’s go back to the vehicle accident example, the legal liability can be proven by:
• establishing that the defendant breached a traffic rule (perhaps a police report holds such an outcome)
• by the eyewitness’ testimony to the accident,
• by the own testimony of the plaintiff with regard to what occurred, and
• by evidence examination at the scene of the accident, including car damage.
In a few instances, the own conduct of the plaintiff could’ve played a part in causing his/her injuries (along with the own negligence of the defendant). In addition, the defendant could have certainly made a quick right turn in front of the vehicle of the plaintiff (a clear case of careless driving), however, if the plaintiff was careless, driving beyond the speed limit, the jury or the insurance adjuster might come to a conclusion that the own negligence of the plaintiff was a factor in resulting in the accident at least.
Therefore, the damages award or total compensation of the plaintiff will be cut by an amount equivalent to the percentage of his/her fault. That is the law in the majority of states. In some states that abide by a system called the “contributory negligence,” if a plaintiff, however, is proven to be even a percent responsible for causing the crash, he/she will not be able to get any damages from other liable defendants.
The final step in proving negligence is to demonstrate how the plaintiff (complainant) was injured by the action or inaction of the defendant.
For more information about this subject, it is best that you contact a work injury attorney. The attorneys in Trevino & Loredo Law for instance, specialize in your type of case. They can guide in what to do next.