Negligence is the failure of someone to act as a reasonable person would under similar circumstances when it was foreseeable that his or her conduct could cause injury to another. This requires people and businesses to use reasonable care in the management of their property, vehicles, animals, actions and business operations. Before someone is considered negligent, it must be demonstrated that he or she owed the other person a legal duty. The law establishes many such duties in writing that are codified as statutes. Many other duties are not in writing, but have been established as legal principles over the years. Many are just common sense. Some examples of duties established in the law are the vehicle codes. The laws against speeding create duties for operators of vehicles. For example, California Vehicle Code Section 22350 states that no one should operate a vehicle at an excessive speed, taking into consideration traffic, weather and road conditions. Likewise, the California Vehicle Code states that drivers have a duty to stop at a red light. Violation of one of these laws, or other vehicle code sections, is negligence if it causes injury and damage. If a law if broken but no one is harmed, there is no case. Four elements must be present before legal liability is created: 1) duty; 2) breach or violation of that duty; 3) causation; 4) damage. The plaintiff must meet his or her burden of proof to demonstrate that all four elements have been proven to win the case and receive damages.In the case of MEDICAL NEGLIGENCE or other MALPRACTICE involving an attorney or other professional, to prove negligence and establish liability, you must demonstrate that the professional breached the standard of care that others in the profession would employ in the same or similar circumstances. This often requires the use of an expert to testify as to what the appropriate standard was and how the doctor, lawyer or other professional failed to do what he or she should have done under the circumstances. If you prove there is liability, you are entitled to damages.
The Dolan Law Firm has handled hundreds of professional negligence cases for satisfied clients. Contact us for a review of your legal matter.
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