Negligence

Persons are entitled to receive compensation for all losses caused by the negligence of other persons or companies.

Negligence is defined as the failure to use reasonable care to prevent harm to oneself or to others.

Negligence as a theory of recovery has wide application. It covers everything from automobile accidents, truck accidents, animal attacks, mold infestation, business interference, security lapses, harmful drugs, identity theft, improper repairs, Negligence applies in almost all situations where there has been legal wrongdoing.

To recover under a negligence cause of action, requires proof of four elements: (1) defendant’s duty of care; (2) defendant’s breach of the duty; (3) causation of damages from the breach of duty; and (4) the nature and extent of damages. The first element, the existence of a duty of care by the defendant is for the court to decide as a matter of law. The last three elements, breach of that duty, that that breach caused damage, and the extent of the damage, is for the jury to decide on the evidence presented.

Examples of negligence cause of actions include:

Was the general contractor negligent in coordinating the trades so that plumbers were removing and then improperly replacing bracing for outrigger scaffolding, that led to a framer falling thirty feet onto concrete below? Result: $4,078,870.00. Kuhlman v. Phoenix Custom Service, No. . EC 003041, Los Angeles Superior Court.

Was a truck driver acting prudently by driving in an inner lane at the bottom of a long steep hill next to a weigh station, so as to obstruct car traffic in those middle lanes that then collided with the rear of the truck? Result: $6,337,504.00. Perez v. Larry Hall Trucking, No. No. 24 73 44, San Bernardino Superior Court.

Was a dental company negligent in supervising one of its dentists who used nitrous oxide to sedate and then sexual abuse a patient who was also an employee? Result: $984,553.94. K.S. v. Hutchinson, No. 107636, Ventura County Superior Court.

Was a company negligent in allowing an outdoor stage to be erected without proper electrical grounding, so that a rigger was electrocuted and fell when he climbed to the top of a thirty foot tower? Settlement $1,225,000.00. Peck v. Harrah’s Casino, No. BC 195859, Los Angeles Superior Court.