Proving Negligence - It's Not as Easy as You'd Think

If you or someone you love has been injured because of the actions of someone else, you not only need medical help, but you also most likely need legal help. The Green Bay personal injury lawyers at Habush Habush & Rottier, S.C. has handled thousands of personal injury cases vigorously and successfully, and over the years we've come to understand that many of our clients do not completely appreciate all of the aspects of a case that must be proven in order to achieve a successful result.

Below is a brief example of how a typical personal injury case would need to be proven in court, but regardless of how you were injured, contact a Green Bay personal injury attorney at Habush Habush & Rottier, S.C. to schedule a free initial consultation.

Proving Negligence

For the purpose of this example, let's assume that Mr. Jones was walking down the street in Green Bay and suddenly, a sign on a store above Mr. Jones' head collapses because it was hung with an extremely weak cable, leaving Mr. Jones with a severe laceration of the skull and a serious concussion. Mr. Jones sues the store owner, seeking damages for his injuries. Mr. Jones must prove the following:

1. Duty of Care

The first element of negligence that Mr. Jones must prove is that the store owner owed a duty of care to him. Generally, the store owner owes a duty of care to anyone who may come near his store, whether a person is inside the store or underneath the sign he hung for advertising purposes.

2. Breach of Duty

If Mr. Jones proves that the store owner owed him a duty, he must then prove that the store owner breached this duty. This is done by comparing what the store owner did, namely hang the sign with a weak cable, to what a "reasonable person" in like circumstances would have done. If a reasonable person would've used a stronger cable, then it should be proven that the store owner breached this duty.

3. Causation

This is by far the most complicated element of negligence. Mr. Jones must prove that the store owner's decision to hang the sign with a weak cable led to his injuries. There are several legal tests used to determine whether or not this decision caused the injuries, and an attorney must go the extra mile to make sure that this element is proven.

4. Damages

Finally, Mr. Jones must prove that he has suffered damages. He should be able to do so by offering his medical bills and statement of lost income if he missed work because of his injuries. Mr. Jones could also be eligible to recover damages for pain and suffering and other damages depending on other factors.

As you see, proving negligence is no small matter. That's exactly why you need to contact a Green Bay personal injury attorney at Habush Habush & Rottier, S.C. today to schedule a free initial consultation.