Proving Breach of Duty in a Personal Injury Claim

The foremost element of any personal injury claim is establishing that the defendant owed you a duty of care. That means that the defendant had the duty to prevent your injuries. There’s a relationship between you and the defendant, and as a result of that relationship, the defendant was required to act in a manner that prevented your injuries.

Say, for instance, you were injured in a slip and fall accident in a puddle of water just outside a store. You may go ahead and file a claim for damages, and may claim that the store owner had a duty to prevent your injuries by mopping up the water outside the store. That might be true if the puddle had been on the spot for hours without being cleaned. However, if your fall occurred soon after heavy rainfall, and if the rainfall resulted in a large puddle of water just outside the store, the court may be less likely to believe that the storeowner could have cleaned up the puddle immediately. It’s difficult to keep the outside of a store completely dry during a heavy downpour.

Hire A Denver Personal Injury Lawyer

Proving that the defendant owed you a duty of care can be challenging. Speak to a Denver personal injury lawyer about how you can establish liability. Call to schedule a consultation with a Denver personal injury lawyer.

By: Dallas Norton

Dallas Norton, the founding partner of Norton & Bowers, has practiced law with a focus on personal injury since 1992. Mr. Norton has extensive Colorado roots including grade school in Arvada and high school in Denver. He earned his J.D. from Brigham Young University Law School in 1991. When working on behalf of clients, Mr. Norton draws upon his extensive background in psychology and human resources.