When I represent clients who have been involved in a traffic collision, slip and fall, construction site accident, or a host of other injury events, I am primarily making a claim against the offending party for negligence. Under California law, the following four basic hurdles must be met and overcome in order to succeed on a claim for negligence: Duty, Breach, Causation, and Damages.
Duty:
Duty simply means we have the burden of showing the adverse party had an obligation under the law to act in a certain way or to refrain from acting. For example, when we drive a car, we have a duty to do so in a reasonable and safe manner. We are obligated to obey trafic laws and signals, to be attentive, and to not drive faster than conditions allow. A store owner has a duty to exercise reasonable care to keep his or her premises in a safe condition. The same is true for construction sites, the various contractors and subcontractors have a duty to act in a reasonable manner.
Breach:
Breach refers to a violation of duty. A driver running a red light or driving to fast for traffic conditions; a retail outlet not cleaning up a spill; a contractor who creates a dangerous hazard at a construction site. Proving a breach of duty is essential to a successful outcome.
Causation:
Causation means that the breach of duty on the part of the adverse party resulted in injury to my client. Causation is an area of negligence law that is hotly contested in many cases. In most of my cases there is an insurance company in the background and they will generally “dispute causation” — sometimes even in the face of incontrovertable evidnece. Our job, for each injury we claim, is to prove that the injury was caused by the injury event. Sounds easy, but it is almost always a fight. For example, if I allege my client suffered a disk herniation and needs surgery as the result of a traffic collision, the insurance company will argue that decaying disks are inevitable and that, therefore, some of the cause for the need of surgry is unrelated to the collision. The goal of the carrier is always to devalue your claim.
Damages:
Finally, we have to prove our damages. This includes all negative effects resulting from the injury event. Depending on the case, this will include lost wages, property damage, medical bills, loss of quality of life and potentially many other items.
Conclusion:
This is a basic primer of the burden we have when we make a claim for negligence. To each of the four elements of proof mentioned above, there are subissues to be addressed on a case by case basis.
As always, if you have any questions regarding my post or personal injury in general, please call my office for a complimentary appointment or send me an e-mail.
My next post will address personal injury damages in greater detail.