NEGLIGENCE

The attorneys at Burns, Cunningham & Mackey, P.C., have a wealth of knowledge and experience in the area of negligence causes of action in civil litigation. To determine whether or not your injury or claim falls within the legal prohibitions against negligent behavior, contact us to discuss the facts of your case or injury you have sustained.

A person is considered negligent if he or she acts differently than a “reasonably prudent” person would act in any particular situation. Negligence is a common claim in personal injury lawsuits. In a negligence suit, the plaintiff – or injured person – must prove that the defendant – or person believed to have caused the injury – was, in fact, negligent in his actions, and did not behave the way a reasonable person would have behaved under the same circumstances.

There are a number of ways to go about proving that the defendant acted negligently, such as questioning expert witnesses, demonstrating that the defendant broke a law that was established specifically to prevent the type of injury that occurred, or providing circumstantial evidence.

In a negligence case, there are four things that the plaintiff must prove:

1. That the defendant was responsible for a duty to the injured party (or for a duty to general society, which includes the injured);
2. That the defendant failed to properly execute their duty;
3. That as a result of the breach of duty, the plaintiff suffered injury; and
4. That the injury could have been reasonably predicted prior to the defendant’s action or failure to act.

In Alabama, if the plaintiff was injured partially due to his or her own negligence, that plaintiff would not be able to recover in court against a defendant. If you have been wrongfully injured because of someone else’s negligent actions, there are remedies available to restore your rights and help you recover.