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Negligence in California

By Jonathan Roven on December 2, 2018 - Comments off

Negligence is a topic that you encounter rather often in Californian law cases. A person is negligent when they are not acting adequately and carefully and other people are harmed due to that. With that in mind, if you can prove a person’s negligence in your personal injury case in California, you can make them pay for damages. But there are a few things you need to focus on in order to establish such a claim.

1. That [name of defendant] was negligent;
2. That [name of plaintiff] was harmed; and
3. That [name of defendant]’s negligence was a substantial factor in causing [name of plaintiff]’s harm.

The defendant might owe the plaintiff a duty of care

The duty of care is, according to the California personal injury law, a duty that appears when you have to look out for other person’s wellbeing. A good example is when drivers owe a duty of care to drive reasonably. Figuring out whether the duty of care is owed or not depends on a multitude of factors.

How does California law define negligence?

According to the California personal injury law, the term negligence can be defined as a person acting unreasonably, causing injury to another. The person accused of negligence usually did something that a careful person would not do at the time.

Can a defendant protect himself from negligence?

One can use a multitude of defensive strategies to defend against a negligence case. For example, one of the main defenses is when a defendant doesn’t own any duty of care to the plaintiff, or the plaintiff caused their own injury, etc. Also, there are cases when the plaintiff assumed risk of injury, meaning that he purposefully engaged in activities that are known to be dangerous, which caused the injury.

How can I pursue a negligence case?

One important aspect is finding the right lawyer that will offer the help and assistance you need. Our team is here to provide you the support and help you need right away. We are fully committed to bringing in front all the value and quality that you deserve. If you’re dealing with such a case right now, please let us know. You can call us at 818-888-9171. We have the necessary experience and professionalism to see this through and help you as efficiently as possible!

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Posted in: Personal Injury

 

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Disclaimer: The personal injury legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact an attorney for a consultation on your particular personal injury matter. This web site is not intended to solicit clients for matters outside of the state of California.

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