Augusta, Georgia Negligence attorney
Negligence is the oldest theory of product liability. To succeed under a negligence theory in Augusta, Georgia , a claimant must prove 4 elements: duty; breach of duty; proximate cause; and injury. A defendant may be found negligent only when it had a legal obligation to exercise reasonable care in its actions. A person has an obligation to exercise reasonable care if not doing so may result in an unreasonable risk of harm, provided that the injury to the claimant was reasonably foreseeable by the defendant. ‘Reasonable care’ is the extent of care which a reasonable person would exercise under similar circumstances. Even though this standard never differs, the extent of care that will be found reasonable in the circumstances will differ proportionately with the danger involved. For instance, a manufacturer of toys intended for use by infants will have a greater obligation of care in guarding against the risk that a child could swallow minute pieces than would a manufacturer of construction kits for teenagers. When the plaintiff has proved that the defendant owed him or her a duty of care, the plaintiff must show breach of duty. This means that the claimant should show that the defendant did not exercise reasonable care with regard to the claimant. While in numerous cases the duty of care is identified only by the breach, this is a separate element that the jury should determine before the plaintiff can proceed with a damage claim in negligence.
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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
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Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta
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