What Are The Essential Features of Negligent Behavior?

The person or their Injury Lawyer in Kitchener that has initiated a personal injury lawsuit must prove that the defendant exhibited negligent behavior. With that goal in mind, the initiator of the suit must show that the defendant behaved in careless and neglectful manner.

What features of a person’s behavior allow it to qualify as neglectful and careless (negligent)?

First the person charged with exhibiting negligence must have had a duty to care for one or more people. The individual that must shoulder such a duty needs to act in the same way that someone in a similar situation would act. In other words, he or she ought to demonstrate a decided level of prudence.

Second, the same person must have breached his or her duty. In other words, he or she failed to act as expected.

The third element of the careless action taken by the defendant must have caused the injury that was sustained by the claimant. In other words, the defendant’s neglectful action caused the plaintiff to suffer an injury. The court will seek proof that such an action was carried out in a spot that was close to the plaintiff.

Finally, the plaintiff must show that the resulting damages were substantial, and, therefore, caused the plaintiff’s injuries. Moreover, the court seeks proof that the plaintiff suffered, as a result of those same injuries. The plaintiff’s suffering does not have to arise from harm done to his or her body; it can be the result of an emotional strain or great financial losses.

A claim that the court would refuse to hear, even though someone had professed to being the victim of a personal injury

The claimant cannot be reimbursed for the fact that he or she almost got injured in a given situation. For instance, someone that has purchased a defective product cannot sue the designer, the manufacturer or the marketer, unless he or she sustained a severe injury, while using that particular product.

The plaintiff will not be reimbursed for any injury, if he or she managed to move, and to get in harm’s way, just before the accident took place. If the plaintiff could see the potential danger in the purchased product, and decided to use it anyway, that fact could be used by the lawyer for the defendant.

Remember too, that the injury-causing action must get carried out in a spot close to the plaintiff. Someone cannot blame a person that just happened to be on the other side of the room at the time of an injurious accident. A guest in a restaurant could not trip and place the blame on the one waiter in the room. A courtroom judge would never agree to hear such a case.