Most injury cases are based on a theory of negligence. Some examples include motor vehicle accidents, slip and falls, dog bites, unknown dangerous conditions, assaults and excessive force cases. To prevail on a claim for negligence, a plaintiff (the person bringing the lawsuit) must establish by a preponderance of the evidence (more likely than not) that
1. the defendant (the person or company being sued) owed the plaintiff a duty;
2. that the defendant breached that duty; and
3. that damages resulted from the breach of that duty.
Generally, everyone has a duty to exercise reasonable care when their conduct creates a risk of harm to others. Negligence is the failure to exercise that degree of care that an ordinarily careful and prudent person would exercise under the same or similar circumstances. Ordinary care is that care which persons of ordinary prudence exercise in the management of their affairs in order to avoid injury to themselves or to others.
If you have been injured here in Las Vegas and believe that someone else is at fault, give us a call now.