How Is Negligence Established?
Negligence generally involves a situation in which an entity or person who owes a duty to another person. The entity or person breaches that duty, which causes injury (physical or financial) to the other person, for which the breaching entity or person will be liable. For example, a builder who fails to adequately construct the roof of a building causing water damage within the structure could be liable for negligence. Another example of negligence is a distracted driver who is texting while driving and causes an accident that injures another motorist.
To recover damages in a negligence claim, the plaintiff (injured party) must prove all the elements of a negligence case, as follows:
- Duty : Defendant (responsible party) owed a duty of care to the plaintiff.
- Breach of duty : Defendant breached that legal duty.
- Cause in fact : If it were not for the defendant’s breach of duty, the plaintiff would not have been injured.
- Proximate cause : Defendant’s breach of duty was reasonably foreseeable to result in plaintiff’s injuries.
- Damages : Plaintiff has been injured.
At HCWD, PLLC in The Woodlands and Austin, our firm has more than 110 years of combined legal experience. Our attorneys are experienced in pursuing or defending claims against those who have potentially been negligent in his or her duties. It is crucial that if you feel that you have been injured due to negligence, you should contact a legal representative as soon as possible.