Negligence is the foundation of most personal injury claims. Negligence is simply the failure to act as a reasonable person would act under the circumstance. If you have been injured due to the fault of another contact personal injury and negligence attorney Brien Roche. This duty to act in a reasonable fashion can arise from the relationship of the parties (landlord/tenant), it can arise by statute or governmental regulation (rules of the road) or it can arise by common law (the duty to avoid foreseeable harm to another).
As part of a claim, you need to understand that there may be some defenses asserted. One of those defenses is contributory negligence which means that if there is fault on the part of the Plaintiff (the injured party) that may be a bar to that person’s claim.
There is also a defense known as assumption of the risk which means that if you knowingly and willfully assumed the risk of injury then your claim may be barred.
The doctrine of last clear chance is an exception to contributory negligence. This doctrine seldom applies. It does apply in those instances where the Defendant, in spite of the Plaintiffs contributory negligence, still had the last clear chance to avoid the injury.
The burden of proof in a civil case means that the Plaintiff must prove his or her case by the greater weight of the evidence. That same concept applies in regards to a fault claim. That means that the Plaintiff needs to prove that the Defendant was guilty of some negligence which was a cause of injury to the Plaintiff and must prove that by the greater weight of the evidence.
Speak directly to attorney Brien Roche about your litigation needs in the Fairfax, Virginia area and see the other pages on this site dealing with personal injury issues. See also the pages on Wikipedia dealing with negligence issues.
For more information on negligence see the pages on Wikipedia.