The Ticktin Minute October 24, 2016 – Common Issues in Proving Negligence in Personal Injury

There are many difficulties with proving personal injury negligence in both motor vehicle collisions and premises liability cases such as slip/trip and falls. There are three (3) major elements of negligence when dealing with these cases: liability (duty and breach), causation (actual and proximate), and damages. The common issues in proving negligence generally stem from liability problems.

The various issues with proving liability differ between motor vehicle collisions and premises liability cases. For instance, in a motor vehicle collision, when there is not a clear breach of a duty (such as a rear end collision or the failure to yield the right of way), liability often comes down to one person’s word against another’s. This decision is usually made by the investigating police officer and then reviewed and re-assessed by an insurance adjuster. If one person has an independent witness in their favor, they will typically prevail. This is the reason why gathering evidence and obtaining names and phone numbers of any witnesses after an accident is of the utmost importance.

In a slip/trip and fall case, proving liability with regard to personal injury negligence can be much more difficult.  In order to prove that a landowner or an establishment has breached their duty of care, the plaintiff must prove that the defendant was “on notice” of a hazardous condition.  To prove notice, the plaintiff must prove that the defendant knew or should have known of a dangerous condition and did nothing to correct the condition or to warn the plaintiff of its existence. For example, if a person slips on a puddle of liquid at a grocery store, they must prove that the liquid had been there for such a length of time that the grocery store knew or should have known about its existence and did nothing about it.

If you have suffered from a personal injury contact the attorneys of The Ticktin Law Group for a free consultation to help you get the compensation you deserve!