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Started Dec 07 2012, 21:19
Posts: 1473 |
Dec 07 2012, 21:19
Causes of action arise from "negligence" when the person who causes the harm does not intend the injury, but is careless with the safety of other people. Most litigation arising out of motor vehicle accidents charges a driver with being "negligent."
To win a "negligence" case, an injured person must show that the defendant owed him a duty to exercise reasonable care, that the defendant violated that duty, that his injuries resulted from the breach of duty, and that the injuries were a reasonably foreseeable result of the violation. In the context of an automobile accident, the driver of a car owes other drivers the duty to drive safely and to keep his car under control at all times. It is foreseeable that mistakes made while driving can result in accidents which may cause serious injuries to other people. Thus, a person injured in a car accident is in a good position to argue that the driver who caused the accident was legally "negligent" and thus should pay compensation for the injuries caused by the accident.
Common negligence actions include automobile accidents, "slip and fall" accidents resulting from improper design or maintenance, and medical malpractice actions.
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