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Types of negligence cases and elements that must be proven

On Behalf of | Dec 2, 2022 | Personal Injury

Negligence is one of the important elements of personal injury lawsuits in Georgia courtrooms. If you were in an accident and suffered injuries, you bear the burden of proof in your case to show that the other party is liable. These are the elements of negligence.

Types of negligence cases

Negligence cases can include a variety of situations. Car accidents, slip-and-fall accidents, elder neglect, medical malpractice, product liability and premises liability all often involve the theory of negligence. A person can be left injured as a direct result of another party’s negligent actions or inactions. If you file a lawsuit to recover damages, your case can only be successful if you prove that certain elements are present.

Elements of negligence cases

When a person suffers harm due to someone else’s negligence, the first element to be proven is duty of care. The defendant must have owed such a duty to the victim to conduct themselves in a reasonable manner to avoid a potential accident.

Breach of that duty is the second element. This happens when the individual violated the standard of care that could have prevented the victim’s injuries. Cause in fact is the third element of negligence and means that the defendant’s actions were harmful and caused you to experience negative effects.

The fourth element is proximate cause. This means there is a direct link between the individual’s negligence and the victim’s injuries. The final element of negligence is harm, which relates to the injury and any other damages the victim suffered as a result of the other person’s negligent actions.

When all five of these elements are in place, you can prove that negligence was a factor that led to your harm.

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