The negligence claim contains in it the “duty of care” clause. The defendant cannot be held liable for the injuries of the plaintiff if the latter was not authorized in the first place to be present at the site of the accident and at that specific time. For instance, the operator of a machine cannot be held responsible for the injuries of the plaintiff if the latter had no legal business to be inside the production facility when the machines are running and is also not authorized to tinker with the machines.
A Basic Understanding
The negligence claim also contains in it the “reasonable care” clause. According to this standard, the defendant is not accountable for the injuries of the plaintiff if the former had exercised reasonable degree of care while dispensing his duties or carrying out the task that resulted in the accident. The “reasonable care” clause assumes a standard of care that can be conventionally expected from any other person with the same level of expertise as the defendant and operating under circumstance similar to those that were present during the time of the accident.
Strict liability claims are increasingly being used in tort law. According to this clause, the designers, producers, and in some cases, retailers of defective products can be held accountable for the injuries that the plaintiff suffered after using the product. In these cases, the plaintiff does not have to prove that the defendant was negligent; the former just has to establish that the product was defectively designed or produced or did not come with the appropriate warnings. Your lawsuit strategy can be effectively designed by Rosenberg, Minc, Falkoff, and Wolff.
The intentional wrong claim is rare. You can use this claim as the basis of your personal injury lawsuit in cases like battery, assault, and wrongful imprisonment. You can claim compensation for the physical and mental injuries you may have suffered as a result of the incident. Wrongful imprisonment can prevent you from attending a family event that you were looking forward to or a job interview. In such cases too, you can claim compensation for the mental anguish you may have suffered.
Starting Out Right
Our personal injury lawyer will meticulously go over the details of your case to determine the basis of your claims. This ensures that your case rests on a solid foundation and all the pieces of evidence presented in the court are spot-on relevant and bolster your claims. The personal injury lawyer that we employ can also consult a financial expert to calculate the exact amount of your losses to ensure you are adequately compensated for your losses.
Call our knowledgeable and experienced personal injury lawyers for a free consultation, NOW. Get in touch with us at 212-344-1000. RMFW Law has offices in Astoria, Queens, New York, and also at two other places in Brooklyn. Our personal injury attorney can visit you to discuss the case if you are rendered incapable in some way.
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