Augusta, GA Negligence lawyer

Augusta, GA Negligence lawyer

Negligence is the oldest theory of product liability. To succeed using a negligence theory in Augusta, GA , a claimant should establish four elements: duty; breach of duty; proximate cause; and injury. A defendant may be found negligent only where it had a legal duty to exercise reasonable care in its actions. An individual 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 plaintiff was reasonably foreseeable by the defendant. ‘Reasonable care’ is the extent of care that a reasonable person would exercise in similar circumstances. Even though this standard never differs, the extent of care that will be found reasonable under the circumstances will vary proportionately with the danger involved. For instance, a manufacturer of toys intended for use by infants has a greater duty of care in guarding against the risk that a child might swallow tiny parts than would a manufacturer of construction kits for teenagers. Once the claimant has proved that the defendant owed him or her a duty of care, the plaintiff must establish breach of duty. This means that the plaintiff has to establish that the defendant failed to exercise reasonable care with regard to the plaintiff. While in most cases the duty of care is identified only through the breach, it is a separate factor that the jury must decide before the claimant can go ahead 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.

We offer a free initial consultation to all prospective clients.

Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta