How Is Negligence Determined?

Each of us, whether in the operation of a car, in our work activities, or in just simply going about the tasks of everyday life, owes each of our fellow citizens an obligation to conduct ourselves in a way that will not harm them, or created an unreasonable risk of harm for them.

The law calls this obligation a "duty of care", and that if that duty is breached, and harm results, so will liability. This is negligence.

The duty owed is one of reasonable care and prudence, but it is not fixed. The duty owed will vary depending on the attendant circumstances, as well as the level of skill, age and experience of the individual owing the duty. TheHow Is Negligence Determined? - Attorney Blog Baltimore MD - Criminal Defense, Personal Injury Lawyer - Eric T. Kirk - car_crash_xii law requires each of us to act reasonably under the circumstances, whatever those may be. The violation of a statue [e.g. cannot switch lanes until safe to do so] can constitute evidence of negligence. The argument here is that the wording of the statute constitutes the nature of the duty. If the injury victim is a member of the group intended to be protected by the statute, and the injury is of the type the statue was drafted to prevent, then a violation of that statute that causes injury is evidence that negligence has occurred. LEARN MORE.

Negligence cases can be complex. I have handled hundreds over the years. I extend a complimentary case analysis and opinion about their legal case to those that consult with me. Please call me today to arrange a meeting. 

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