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Fifth District: Negligent Mode of Operation

By Matt Conigliaro, Esq.

In negligent personal injury cases, one of the more interesting general theories of liability is the negligent mode of operation theory. It is sometimes discussed as a theory of duty, though in my view it is really a theory of breach, not duty. The negligent mode of operation theory asks whether the defendant should have known that its way of doing business would likely injure the plaintiff. It

Full post as published by Abstract Appeal on April 13, 2009 (boomark / email).