Personal Injury Law

Elements of a Negligence CaseElements of a Negligence Case

By Sam G. Nicholson and Harry D. Revell

The outcomes of some negligence cases depend on whether the defendant owed a duty to the plaintiff. Such a duty arises when the law recognizes a relationship between the defendant and the plaintiff, and due to this relationship, the defendant is obligated to act in a certain manner toward the plaintiff. A judge, rather than a jury, ordinarily determines whether a defendant owed a duty of care to a plaintiff. Where a reasonable person would find that a duty exists under a particular set of circumstances, the court will generally find that such a duty exists.

Full post as published by Nicholson Revell on November 04, 2008 (boomark / email).