Proving negligence in a personal injury claim
Under Kentucky law, negligence can be broken down into four primary elements. Each of these elements will need to be addressed in a personal injury case to receive compensation for your injuries.
Duty:
The other party owed you a duty.
For example, a grocery store proprietor or manager is responsible for ensuring the safety of their patrons by addressing issues like spill cleanup and repairing broken steps. To fulfill this responsibility, the store must take sensible measures to reasonably safeguard its customers. However, this task can get somewhat complicated, given that the notion of “reasonable” is subject to varying interpretations.
Breach of Duty
The other party breached this duty and responsibility.
The fundamental question revolves around whether the defendant either caused a hazardous situation or permitted its continuation. While this can be straightforward in instances such as running a red light, it can also grow more complicated.
Causation
Your damages were caused by the other party breaching their duty.
Even if an individual acknowledges their negligence, it doesn’t automatically validate that their negligence led to your injuries. Consider the previous scenario. The store owner might assert that your slip resulted not from the puddle but due to your focus on your phone. Alternatively, they could contend that although you did slip on the puddle, your existing back injury was the primary cause of your fall.
Damages
In order to recover compensation, you must prove that you suffered damages.
These can range anywhere from minor injuries to serious injuries, but you need to prove that your injuries were caused by someone else breaching their duty of care under the law.
An attorney skilled in injury law understands what is needed to prove negligence against the at fault party and how to recover maximum compensation on your behalf.