As a Long Beach injury attorney, it is easy to understand how people can become easily confused about negligence laws in California. These laws can be very complicated. In an effort to try to and clarify the laws surrounding negligence, some of the most frequently asked questions have been answered below.
In the State of California, there are two things that your Long Beach personal injury attorney must show to file a claim for compensation on your behalf.
The term negligence can be very confusing. Your Long Beach injury attorney will explain to you that negligence occurs when a person or entity acts in a manner that is not consistent with what is considered normal. The law states that negligence occurs when an action is taken that a “reasonably prudent person” would not have done.
A reasonably prudent person is not an actual human being, but a classification in the law. This classification is one used by the law to determine how an average person would respond in the same given situation that caused the injury in question. However, it is important to understand, and your Long Beach injury attorney will explain, that this legal definition does not take into account any specific knowledge or sills that an individual may have; it is just a general idea.
All negligence cases must be weighed against the reasonably prudent person ideal. This is the largest determining fact of a negligence action. The case must be evaluated, and the following question must be asked: “Would an average person, if placed in the same situation and having the same knowledge, know that their action could cause harm and injury to another person if they completed the act?” If the answer is yes, they should have known their action could cause harm, then negligence has occurred.
No. A child cannot be expected to have the same knowledge and understanding as an adult in the same situation. The law, however, does permit the child to be compared to other children their age and with the same mental capabilities. The Court will only determine that negligence occurred with a child if other children of similar abilities would not have committed the same action.
Your Long Beach personal injury attorney will need to prove that the actions of the defendant were the cause of your injury. Their actions must be a direct factor in causing the injury to occur. For example, if a person hits you in the head with a hammer, the resulting head injury is easy to attribute to that action. However, if a person leaves a hammer sitting on the counter when they are done using it, and you manage to knock it off the counter when you are bent over and it hits your head, the resulting injury cannot be directly attributed to a negligent action.
If your actions are in part responsible for the injury, the Court may determine that you are only entitled to receive a percentage of compensation for your injuries. In most cases, the Court will only award damages if the defendant is found to be 50 percent or more responsible for the injuries. In the event that two or more parties are responsible for the negligent action, such a person uses a product in a negligent manner which causes an injury, but that injury was enhanced because the product was defective, your attorney may name additional defendants in the case. Your attorney will carefully review the circumstances surrounding your case to determine how many parties are at fault for your injury.
If you have been injured by the negligent actions of another person, you should speak to the attorneys at Russell & Lazarus APC. These professional personal injury lawyers will provide you with a free case evaluation and determine what forms of compensation you are entitled to under the law. Contact the firm at 949.851.0222 to schedule your consultation today. When you have been injured you need to protect your rights, speak to a Long Beach injury attorney today.