Augusta GA Injury and negligence attorney
Wrongful Death law firm in Evans GA
Federal and State Statutes as Proof of carelessness
In order to succeed in negligence lawsuit, the claimant should establish that 1) the defendant deviated from the standard of behavior expected of a reasonable person and that the injury could have been prevented and 2) the deviation caused in the claimants injury. There are numerous ways to establish that these really occurred, including analyzing expert witness testimony and circumstantial evidence and submitting federal and state statutes as proof.
Federal and state rules, as well as few administrative regulations and municipal ordinances, can be used as prove negligence in a civil lawsuit if the plaintiff can establish that the defendant disobeyed the statute. In some jurisdictions, this proof is sufficient to result in an automatic conviction, while in others, this proof is simply considered as submissive evidence. In special circumstances, disobeying a rule will not result in carelessness if the reasonable person would have broken the same rule in the same way, the defendant can be acquitted. For example, a woman who injures her husband while attempting to stop him from physically abusing their child could be let off if the jury decides that the reasonable person would have acted likewise.
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