Macon, Georgia Negligence lawvfirm
Negligence is the oldest theory of product liability. To succeed using a negligence theory in Macon, Georgia , a claimant must establish 4 elements: duty; breach of duty; proximate cause; and injury. A defendant may be found negligent only when it had a legal obligation to exercise reasonable care in its actions. An individual has a duty to exercise reasonable care if the failure to do so may result in an unreasonable risk of harm, provided that the injury to the plaintiff was reasonably foreseeable by the defendant. ‘Reasonable care’ is the extent of care that a reasonable individual would exercise under the same circumstances. Although this standard never changes, the degree of care that will be found reasonable in the circumstances will vary proportionately with the danger involved. For instance, a manufacturer of toys intended for use by infants will have a greater duty of care in guarding against the risk that a child might swallow small pieces than would a manufacturer of construction kits for teenagers. When the claimant has proved that the defendant owed him or her a duty of care, the claimant must show breach of duty. This means that the plaintiff must demonstrate that the defendant did not exercise reasonable care with regard to the claimant. While in most cases the duty of care is identified only through the breach, this is a separate factor that the jury should decide before the plaintiff can go ahead with a damage claim in negligence.
—————————-
We are Macon GA personal injury lawyers – Georgia car accident attorneys – wrongful death law firm. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective injury clients.
Macon Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Macon
Comments on this entry are closed.