When it comes to accident cases, finding out who is at fault can be difficult. The Comparative Negligence Law was created to help determine the responsibility for damages and injuries by comparing all parties involved. Not all states have a Comparative Negligence Law, but many are adopting it. California is one state to have recently added the law, and as it states, this law allows for a plaintiff to sue for the percentage of damages attributable to the defendant. In order for the plaintiff to acquire the remedy, they must prove negligence of the other party. In many cases, both parties are found negligent in some way, but there are steps to follow to prove negligence.
There are five steps to go through in order to prove negligence in the state of California. The first is to prove that the defendant had a duty, in committing an act or not. In other words, the defendant must have had a responsibility or care, such as mopping and drying the floor, that they were to follow. The next step is showing that the defendant had breached, or was negligent to this duty, by drying the floor. The third step is to show that the negligence to their duty caused the plaintiff’s injuries. If there is no connection between the breach and the injuries, there is no further case to be made or fought for. The fourth element is proving the defendant should have been able to foresee that his or her actions, or inactions, could cause injury. And finally, the fifth element is proving negligence on the defendant is proving the plaintiff did actually suffer damages, and that they are directly linked to the defendant’s actions.
What many may not realize is individuals can get hurt in many ways. Slipping and falling can injury anything from a spin to a jaw. In fact, a number of premises liability clients build up huge amounts of debt when it comes to medical and dental bills. It is shocking how much it costs to visit a dentist with no insurance or no extra income. Having to get teeth pulled or new teeth put in can costs tens of thousands of dollars that most do not have.
The Comparative Negligence law deals with all parties who could be partially at fault. For the court, it can be tough to split the fault and decide how it will be shared, and which parties will receive the compensation or any recovery based on the faults. California, unlike many other states, follows the Pure Comparative Negligence standard, which allows the plaintiff to recover damages, even if it was the plaintiff that was the most negligent. In other words, the plaintiff will recover damages no matter what, in most every case.
This article was contributed by Los Angeles car accident expert lawyer Hussein Chahine. He has helped thousands of victims of car accidents receive the maximum compensation for their injuries. He is also a member of the Multi Million Dollar Advocate Group.