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Establishing duty of care as the first step in proving negligence

Posted on March 2, 2015 1:54 pm under Personal Injury

Whether you have been hurt on someone else’s premises, harmed by a defective product, or negatively impacted by someone else’s recklessness and carelessness in any way, you have the right to prove that the other party involved was negligent enough to cause you harm. However, proving negligence could be impossible without establishing first the defendant’s duty of care to the plaintiff.

Duty of care arises when the relationship between the defendant and the plaintiff obliges the defendant to act in accordance with a standard of reasonable care towards the plaintiff. A premise owner, for instance, has a duty of care towards his invitees (entrants who benefit the owner) and licensees (entrants who are allowed on the premises but do not benefit the owner). Trespassers, on the other hand, may not enjoy the duty of care entitled to the first two categories.

If you are planning to file for a personal injury case due to someone else’s negligence, a lawyer at Habush Habush & Rottier S.C. ® may look into your situation to determine your legal options for filing a lawsuit. Call our Wisconsin office at (414) 271-0900 today.