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Negligence

Posted on April 20th, 2009 No Comments

Negligence is the claim at the base of the majority of personal injury lawsuits. The courts have established that we have a legal and moral duty to not subject other members of society to unnecessary and non-consensual risk.

If you engage in an activity that has the reasonable possibility of exposing another to harm, you have a duty to minimize that risk. If you fail to do so, you may be considered liable for any injuries that result from your actions. There are four basic requirements for a claim of negligence to be valid:

1)There must be a duty of care. You must be engaging in an activity in which there is a foreseeable possibility of risk. If your action could not reasonably put others at risk, there is no duty. This criterion is to protect people against freak accidents.
2)There must be a breach of the duty of care. That is, you must fail to minimize the risk to others that your actions pose.
3)The breach must be the actual and proximate cause of injury. If the injury was caused by something unrelated to the negligent behavior, there is no liability present.
4)The injury must result in damage. There must be specific, displayable damages that result from the injury, otherwise there is nothing to be recovered.

If you or a loved one has been injured as a result of someone else’s negligence, contact Cincinnati personal injury lawyer Shawn M. Stepleton, at 513-321-7733.

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Stepleton Dugan, LLC
6071 Montgomery Road
CincinnatiOH 45213
(513) 321-7733
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Stepleton Dugan, LLC
6071 Montgomery Road
Cincinnati, OH 45213
(513) 321-7733

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