When California residents are injured, it’s sometimes due to the negligence of another party. Negligence is a party’s or entity’s failure to take reasonable steps to make sure that people are safe when they’re on the entity’s property. For the most part, the definition of negligence is the same across the country. However, how states and courts react to and hold parties accountable for negligence varies by state.
If a plaintiff is trying to sue a defendant in California for negligence, they’re going to have to prove several things. One thing is that the defendant actually had a responsibility or duty. The next thing they’ll have to prove is that the defendant failed to live up to that duty or responsibility. They’ll then have to prove that because the defendant did not fulfill their duty or responsibility, the plaintiff was hurt or injured in some way. The plaintiff will most likely have to prove that the defendant had a reasonable expectation of knowing that someone could get hurt were they not to fulfill their duty.
The plaintiff will also have to prove that because of the defendant’s negligence, they suffered pain, lost income or incurred medical expenses. According to California Civil Code Section 1714, people are responsible for maintaining the safety of people who visit their properties. The only time that this code doesn’t apply is when the person bringing the suit has done something reckless to cause their own injury.
When someone is suing another party for negligence, they may benefit from working with a law firm that specializes in personal injury cases. Law firms that have this type of experience may be able to navigate the process efficiently and help their clients receive some sort of compensation.