While many of our articles refer to automobile, motorcycle or slip-and-fall accidents, a personal injury attorney can tackle even the most obscure factual scenarios and help you recover some of what you have lost. For this reason, we encourage you to come meet with us about your recent injury, and chances are good we will be able to help you. Whether you were attacked by a wild animal or injured on a ski lift, we have the skills and experience to apply the right laws to your case.
Personal Injury Law: Negligence
One way for an injured plaintiff to recover is under the laws of negligence. Admittedly, most of our cases are determined under California’s negligence elements, which require the plaintiff to prove duty, breach, causation and damages. The threshold inquiry in a negligence case, which includes slip-and-fall and other accidental, non-intentional injuries caused by the defendant, is whether the defendant owed the plaintiff a duty of care at the time of the injury. This element is further broken down into level and scope of duty, which we can explain in greater detail at you first consultation. The second prong, breach, refers to whether the defendant actually violated his duty of care. Once it is determined that the plaintiff owed a duty of care and breached his duty, the plaintiff must then prove that the breach actually caused a resulting injury, or damages.
Personal Injury Law: Intentional Torts
Intentional torts refer to wrongful acts perpetrated by the defendant on purpose. These acts are not accidents or inadvertent mistakes, but calculated and volitional acts of misconduct. Intentional torts include assault and battery, false imprisonment, trespass or intentional infliction of emotional distress. These kinds of lawsuits carry a potential for punitive damages as well as compensation for non-economic damages like pain and suffering or mental anguish.
Personal Injury Law: Strict Liability
Some civil lawsuits are decided under the laws of strict liability. These include certain claims involving product liability, as well as any allegation involving an attack by a wild animal. Strict liability is also applied in the context of extremely dangerous activities, which your attorney can explain in further detail. Strict liability differs from negligence in that the defendant is not afforded an opportunity to defend against the claims.
Personal Injury Law: Breach of Warranty
In some actions, you case will be determined under the laws of breach of an implied or express warranty. This area of the law is applied mostly in certain product liability actions and is very fact specific. Your attorney will help you better determine if your case is one that may be decided under an implied or express breach of warranty theory.
Contact an Experienced and Reputable Personal Injury Today
If you recently suffered an injury, no matter how obscure, we can help you recover compensation. For more information, contact Nelson Barry today.