Negligence

Negligence is the failure to use reasonable care to avoid a foreseeable harm to person or property. To prove negligence several criteria must be met:

• First, you must show that there was a duty owed from one person to another. The nature of that duty may change depending on the relationship of the parties. Typically, persons owe a duty of "ordinary care" to other people. However, a child is held to a lower standard, that being what another child would do under the circumstances, as opposed to what an adult would do. Certain professionals and tradesmen are held to a higher standard, that being what other persons in that profession or trade would do under the circumstances.
• Second, it must be shown that there was a breach of that standard of care. In other words, someone failed to do what they should have under the circumstances in light of the duty owed from one person to another.
• Third, it must be shown that the breach of that standard of care was the actual and "proximate", or legal, cause of the injury. This means that the injury was the foreseeable consequence of the breach of care. In Louisiana, we say that the duty must encompass, or be easily associated with, the risk of the injury which resulted from the breach of the duty.
• Lastly, damages must be shown to have resulted from all of the above.

If you or a loved one is in need of legal assistance, please call Kleinpeter & Schwartzberg, L.L.C. at (225) 926-4130 or toll free (800) 548-6130 anytime during regular business hours, Monday-Friday (8:00 AM to 5:30 PM), or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will usually work on a contingency fee basis, which means we get paid for our services only if we recover money for you. Remember, if a lawsuit is not filed within the time limit set by law, all rights may be lost forever. Only an attorney, based on the factual information provided by the client, can determine for sure the applicable prescription period (time limit). Please do not delay in seeking legal assistance to ensure that you do not waive your right to possible compensation.