Almost every specific type of case, whether it is a plane crash, medical malpractice, or a slip-and-fall, is based on the legal theory of negligence. Negligence is generally defined as the doing of something that a reasonable person would not do, or the failure to do something that a reasonable person would do under the circumstances. Certain types of cases have special rules which govern whether there was negligence under the circumstances, but the definition of negligence remains the same.
In order to establish a negligence cases, an injured person must show:
That there was a legal duty to act for the safety of other;
That the defendant was guilty of negligence in either acting or failing to act; and
That the plaintiff suffered injuries as a result of the negligence of the defendant.
This is the basic outline of what must be shown in almost every personal injury case based on negligence. The particular rules for specific types of cases and the kind of proof necessary to establish a liability case varies depending on the state or the legal situation, so you should act quickly to retain qualified counsel to represent in you in your negligence case.
