Negligence is the most common basis for a personal injury lawsuit. Plaintiffs must establish four elements to win a negligence lawsuit: duty, breach, causation, and damages. The last two requirements involve proving that you were actually harmed and that the defendant’s actions were the cause of your injuries. The first two elements are often the most complicated to prove—continue reading for three examples of duty and breach in a personal injury suit.
Each driver on the road has a duty to exercise reasonable care and avoid injuring other drivers, pedestrians, and bikers. If a driver fails to exercise this duty of care, he or she is in breach of the duty owed to other drivers. If the breach causes an accident that causes injuries, it is considered negligence.
One of the most common types of premises liability cases involve slip and fall accidents. In premises liability cases, the owner of the property has a duty to maintain the premises and minimize the risk of injuries. For example, if a supermarket fails to clean up a wet floor for an extended period of time, they have breached the duty to a customer if he or she slips and falls as a result.
Dog owners are often liable when their dog bites someone. The Animal Control Act provides that any person who harbors an animal which causes injury is legally responsible for damages caused by that animal. the term "harbor" is much broader than mere ownership. There are many potential people who may be liable for a dog bite. The law holds owners responsible if the dog attacks or injures an individual without provocation.
These types of accidents can often lead to serious injuries and long-term effects, which is why it is important to contact a personal injury attorney if you have been the victim of another individual’s negligence. At McCready, Garcia & Leet, we do our best to help injured clients, and we pride ourselves on providing effective representation. Call (773) 779-9885 to schedule a consultation.