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Proving negligence in court

On Behalf of | Sep 19, 2022 | Personal Injury

When someone suffers an injury, they may experience significant pain and suffering. Financial losses might be unavoidable when someone recovers from a severe injury. So, anyone harmed by another person’s actions may file a lawsuit. Specifically, they would file a personal injury lawsuit, which requires proving negligence per the standards of Maryland law.

Negligence and duties

Anyone intending to receive compensation for an injury must meet legal standards for proving negligence. Although someone may fall in front of someone’s house or trip inside a supermarket, the injured person might not have a valid claim against the property or business owner. For example, someone who falls because they are intoxicated likely contributed to their harm, at least partially. However, there could be incidents where a third party was explicitly responsible for injuries.

An important question centers on whether someone has a legal duty to protect another person and if they breach that duty. A driver who travels on public roads has a duty to avoid recklessly putting people In harm’s way. Driving 40 miles above the speed limit in a residential area likely reflects an egregious breach.

Causing harm

Action and nonaction also factor into liability claims. Someone who punches another person out of anger over mere words directly harms the victim. A property owner who doesn’t clean up debris collecting in front of a property or refuses to fix a loose railing might also be liable for injuries inflicted. Knowing something could potentially cause severe injuries and doing nothing might be negligence.

Various evidence might point to a party’s negligent behavior. Video recordings and phone messages may prove more than sufficient. Credible eyewitness statements might further sway opinions about whose fault caused an accident.