Over the course of the last decade, I've published in excess of 700 articles in the areas of personal injury, criminal defense, workers' compensation and insurance disputes, generally. If you can't find what you're looking for, feel free to contact me to discuss the details of your case and learn how I can help.

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. As Attorney Eric T. Kirk will tell you.

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.

How Is Negligence Determined?

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. The law requires each of us to act reasonably under the circumstances, whatever those may be. When a person’s conduct runs afoul of that obligation, the law considers this a “breach” of that requirement. The violation of a statue [e.g. cannot switch lanes until safe to do so] can constitute evidence of a breach, and, accordingly, 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 statute was drafted to prevent, then a violation of that statute., i.e. a “breach” of the statutory requirement,  that causes injury is evidence that negligence has occurred.

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.