PayDay loans Car Insurance

The Legal Element of Negligence: Important, But Not Easy to Define

September 30, 2011

<ul></ul>

In many lawsuits, successfully winning a settlement depends at least in part on proving some kind of negligence by the party being sued. In any Arizona personal injury lawsuitwrongful death lawsuit or product liability lawsuit, convincing the court that negligence occurred is an important element of establishing the defendant’s liability and legal obligation to pay damages. Negligence, however, can’t be defined in a way that makes it easy to determine in every case whether or not the defendant was negligent.

In law dictionaries, the simplest definition of negligence is something along the lines of “failure to use reasonable care.” A more complete definition would be “doing something that a reasonably prudent and careful person would not have done in similar circumstances, or the failure to do what a reasonably prudent person would have done under similar circumstances.”

Obviously, such definitions immediately raise the question of “What do the words reasonable, careful and prudent mean in practice?” Outside of a legal setting, people’s honest opinions of what constitutes “reasonable” behavior in a given situation naturally vary. In an adversarial legal proceeding, a defendant will obviously always argue that his or her actions were reasonable and sufficiently careful or prudent.

Thus, even if the basic facts in a lawsuit are not in dispute – that is, both sides more or less agree on the same version of the events that led up to the lawsuit – the judge or jury will have to decide whether the defendant’s actions, or lack of action, constitute negligence. Not even a legal professional can claim to know for certain what a judge or jury will ultimately decide, but an experienced attorney can evaluate a client’s case and advise him or her on the likelihood of winning a settlement.

If you feel that you’ve been harmed by the negligent action of a person or persons, or of a business, government entity or other organization, call the Mesa personal injury lawyers at Skousen, Gulbrandsen & Patience, PLC, at 480-833-8800 or 800-501-2782. The attorneys at SGP Law offer a free initial consultation to prospective clients, and can apply their expertise to your Arizona personal injury case, wrongful death lawsuit or product liability lawsuit.


Disclaimer: The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Filed under: Personal Injury Law, Product Liability, wrongful death — Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , — admin @ 8:52 pm

When Do You Need to Hire a Product Liability Attorney?

September 23, 2011

<ul></ul>

Imagine you or a loved one suffering a serious personal injury in one of these frightening scenarios:

  • You are drying your hair before work when suddenly you receive a nasty shock. You try to let go of your hair dryer, but it seems to be stuck to your hand. You realize you are being electrocuted and end up in the hospital for treatment.
  • You purchase a brightly painted of wooden blocks for your baby to play with. A few weeks later, you notice that she doesn’t seem to be acting normally. You take her to be checked out by your pediatrician, and after some tests are run, you are eventually told that she is suffering from lead poisoning. After some investigation, the paint that has been chipping off your baby’s new blocks is found to contain lead.
  • You’re out on your motorcycle for a pleasant ride on a winding country back road. As you approach a sharp turn and try to brake, your bike fails to slow properly and you wind up riding off the road into a tree. Luckily, your helmet has saved you from death or brain injury, but as a result of this motorcycle defect, you suffer broken bones and other painful injuries that will cost a small fortune in medical treatment.

These are three examples of a situation when you should immediately hire a product liability lawyer to hold the manufacturer of a dangerous and defective product accountable. The victim in each of these scenarios should be entitled to compensation for the medical costs incurred directly as a result of these incidents, as well as restitution for pain and suffering. An attorney with experience in such product liability lawsuits is a necessity to ensure that the victim receives every dollar to which he or she is justly due.

Such product liability cases can be tricky, however. The manufacturer of the defective product will certainly have its own team of lawyers with two goals: keeping your case from going before a jury, and expending the lowest amount of money reaching an out-of-court settlement. For that reason, you need your own personal injury lawyers fighting at your side. They will help to build your case to prove product liability and to get you a fair and proper settlement that will adequately cover your medical expenses and more.

If you or a loved one has been injured as a result of using a defective product, contact The Law Offices of Skousen, Gulbrandsen & Patience PLC. The attorneys at SPG Law have decades of experience with product liability cases, as well as all with other types of personal injury cases. Contact Skousen, Gulbrandsen & Patience today at 480-833-8800 or toll-free at 800-501-2782.


Disclaimer: The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Filed under: Product Liability — Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , — admin @ 11:02 pm