How to Prove Negligence in a Personal Injury Claim
In personal injury claims, three things need to be established to prove negligence: duty, breach of that duty, and causation. So, for a defendant to be held liable for negligence, they must have owed a duty of care to the plaintiff (the injured person), breached that duty by failing to meet the standard of care, and the injury that occurred must have been caused by the defendant’s breach of their duty.
Duty: When does someone owe a duty to someone else?
The state of Kentucky recognizes a universal duty of care. This means that every person owes a duty to every other person to use reasonable care in their actions to avoid foreseeable injuries. What the standard of care is for each persons’ duty can change. Usually, the standard of care for duty requires someone to act as a reasonable person in the same circumstances would. However, the standard for duty can change depending on special circumstances. For example, a child or a doctor would have different standards of care than the average person.