San Francisco Injury Lawyer Blog

In order for a victim to recover for negligence, he must prove six elements: (1) duty, (2) breach of conduct, (3) breach of duty, (4) cause-in-fact, (5) proximate cause, and (6) damages.

(1) Duty: did the wrongdoer have an obligation to conform to a certain standard of care? If the wrongdoer was the one who caused the incident, then he will likely have a duty.
(2) Standard of Conduct: are there certain things that a reasonable person in the situation would have done, or not done? Under this element, a reasonable person is defined as an average person in a community, who is of average intelligence and common sense.
(3) Breach of Duty: did the wrongdoer do or not do something that the reasonable person would have done or not done? If so, then this element would be met.
(4) Cause-in-Fact: is it more likely than not that but for the wrongdoer’s actions, the victim would not have been injured? This is a crucial step in proving negligence.
(5) Proximate Cause: how closely related is the victim’s harm to the wrongdoer’s actions? If the wrongdoer’s actions are too remote from the victim’s harm, then the court may not allow for the victim to recover any damages.
(6) Damages: can the victim prove that he suffered damages? Damages here can be compensatory, in which money is awarded to the victim for medical expenses, lost wages, or pain and suffering; damages could also be for property damages, among others.

If you think that you may have a negligence lawsuit on your hands, please call Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) to find out about what we can do for you. We will give you the personal attention that you deserve because your case is important to us. Our experienced trial attorneys have collected over $150 million in verdicts and settlements for our clients. Go to www.alawpro.com for more information about negligence and other injuries.