General Negligence


General Negligence is the basis of all personal injury causes of action. The term is defined as a general failure to act as a reasonable person would under the same circumstances. For the purposes of a personal injury claim, a person is negligent when they cause an injury to another person due to their own unintentional actions.

To prove a cause of action for negligence, you need to prove each of the four elements of the tort. These elements are:

  1. Duty,

  2. Breach,

  3. Causation, and

  4. Damages

So, using an automobile accident as an example, you need to prove that the driver who caused the crash had:

  • a duty to operate their vehicle properly,

  • that they breached that duty by driving improperly,

  • that the breach of the duty by the offending driver caused the accident,

  • and that you were damaged by the accident, in the form of injuries

Although negligence is the basic building block of a personal injury case, it still needs to be proven. Regardless of whether you are dealing with an automobile accident, a slip and fall accident or an animal attack, you still need to get the basics proven.

The Mesriani Law Group understands that everything else stems from the basic concept of negligence. We will do everything possible to insure that the negligence of the offending party will be proven so that your personal injury case can move forward to a successful conclusion.


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•Medical Malpractice Claim
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•General Negligence
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