Negligence is the failure
to use reasonable care to avoid a foreseeable
harm to person or property. To prove negligence
several criteria must be met:
- First, you must
show that there was a duty owed from
one person to another. The nature of
that duty may change depending on the
relationship of the parties. Typically,
persons owe a duty of "ordinary care"
to other people. However, a child is
held to a lower standard, that being
what another child would do under the
circumstances, as opposed to what an
adult would do. Certain professionals
and tradesmen are held to a higher standard,
that being what other persons in that
profession or trade would do under the
circumstances.
- Second, it must
be shown that there was a breach of
that standard of care. In other words,
someone failed to do what they should
have under the circumstances in light
of the duty owed from one person to
another.
- Third, it must
be shown that the breach of that standard
of care was the actual and "proximate",
or legal, cause of the injury. This
means that the injury was the foreseeable
consequence of the breach of care.
Lastly, damages must
be shown to have resulted from all of the
above. If you or a loved one has suffered
an injury due to negligence, call an experienced
NJ injury attorney at 1-866-919-9229.
The initial consultation is free of charge,
and if we agree to handle your case, we
will work on a contingency fee basis, which
means we get paid for our services only
if there is a monetary recovery of funds.
In many cases a lawsuit must be filed before
an applicable expiration date, known as
a statute of limitations. Therefore, please
contact us right away to ensure that you
do not waive your right to possible compensation.