1/27/2024 0 Comments Breach of duty negligence![]() ![]() Georgia is a fault state, also known as an at-fault state. That means you can work with your personal injury attorney to calculate all economic and non-economic losses, leaving no stone unturned for disregarded damages. However, Georgia no longer has damage caps for personal injury lawsuits. Some states limit how much a plaintiff can receive in non-economic damages for an incident that causes injury. While seemingly straightforward, all these elements are required in order to lay the groundwork for a negligence claim. Examples of damages you might suffer in an accident include: Lastly, a plaintiff in a negligence case must prove a “legally” recognized harm, which is shown through economic and non-damages. Such a detail could include an injury that happens in a separate instance to the plaintiff. Anything outside the scope is not the responsibility of the defendant. Proximate cause: The responsibility lies only for those “harms” that the defendant could have foreseen through his or her actions.Often, we employ the “but for” test – “but for” the defendant’s negligent acts, the plaintiff would not have been injured. Cause in fact: A plaintiff must prove that, due to the defendant’s actions, the defendant caused the plaintiff’s injuries.Georgia law recognizes two types of causation: Causationįor this element, we need to link the other party’s breach of duty to the accident and your resulting injuries. In reference to the second example, the property manager might not clean up a spill right away. In failing to exercise reasonable care in fulfilling their duty, the defendant breaches the duty.īy using the first example, the driver might be texting and driving and fail to maintain a safe distance between their car and your car ahead. Breach of DutyĪ defendant exhibits negligence when they breach the duty that they owe to the plaintiff. In another instance, a property manager must keep their premises free of any hazards. This could result in the defendant (the other party) owing a “duty of care” to the plaintiff (you).Īs an example, the rules of the road dictate that drivers owe one another a duty to keep a safe distance between their cars. Duty of Careĭid the other party owe you a legal obligation? This is the first question that needs to be answered in order to prove whether there was a relationship between the two parties. These include duty of care, breach of duty, causation, and damages. There are four elements required in order to prove negligence. The Elements of NegligenceĪ personal injury lawsuit isn’t always straightforward. This then results in injury or property damage and destruction. It occurs when someone acts carelessly (or negligently). ![]() Negligence is the most common basis for personal injury lawsuits. Fortunately, we’ve put together the following explanation, which we call, “Negligence 101.” Many want to better understand how the system works and determine if their case involves negligence. However, often those injured don’t understand the definition of negligence under Georgia law – let alone proving fault. When you or your loved one suffers an injury, you want to do everything in your power to prove the at-fault party was negligent. ![]()
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