Professional Negligence Defense Lawyers, your True Friend

If, you find yourself facing a negligence charge it’s definitely not something you should go at alone. In most cases, the idea of going into court and facing a judge and a prosecutor on your own are not good ideas, and that means you want to get a great attorney on your side, to help you defend yourself, your actions and definitely to keep you out of jail.

Who Needs a Negligence Defense Lawyer?

Negligence is failing to execute the amount of care that a reasonable person would in the same situation. This could be failing to salt the steps at an apartment complex or failing to mop up water at the grocery store. If a reasonable person would believe that something needs to be done, and it wasn’t done, this could be considered negligence. But there have to be a few other factors as well:

  • Duty to perform
  • Breach of duty
  • Cause in fact
  • Proximate cause
  • Damages

Duty to Perform

Before you can be found guilty of negligence you need to have had a duty to perform. If you were walking by the apartment complex and saw that they needed salt on the steps but did nothing you would have no duty to perform anything. If the apartment complex belonged to you, then you have a duty to protect the people who are renting from you.

Breach of Duty

Going back to the same situation, if you own the apartment complex and you know that there is ice on the steps or that it’s possible there would be ice on the steps (for example you don’t live there but know the temperature got pretty low last night) and you do nothing about it you have breached your duty to perform for your renters.

Cause in Fact

This means that your breach needs to have caused the injury. Let’s say you forget to put salt on the steps and your renter trips over a skateboard someone else in the building left out and breaks their leg. The injury, in this instance, was not caused by you or your negligence, it was caused by something else. If the injury occurs slipping down the stairs then there would be cause in fact.

Proximate Cause

This states that the injury that occurred could have been foreseen. So if you forget to salt the steps of the building it’s foreseeable that someone would slip on the steps and could get hurt. If, for example, your renter gets hit by a car outside of your building that is not foreseeable and not something you are required to protect them from. You can’t predict that someone will get hit by a car or that it’s a reasonable possibility.

Damages

This is the final aspect and it states that there must be some type of damage or injury. For example the person broke a leg, lost time at work, had medical expenses. These things must be proven as well to ensure that there is a case. Your professional negligence defense lawyers St. Louis MO will work with you to help break down all aspects of the case and especially this one.

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