Negligence
Law
For the last thirty years, Cheong,
Denove, Rowell & Bennett has successfully represented clients who
have been injured because of someone's negligence. To be successful
requires dedication, hard work, courage and experience. In handling
negligence cases, the attorneys at Cheong, Denove, Rowell & Bennett
have dedicated themselves to provide the quality of representation
the members of the firm would want for themselves if they or a
family member were seriously injured.
The attorneys understand that few
things worth having can be achieved without hard work. They know it
takes courage to stand up to insurance companies and manufacturers
who are willing to spend unlimited sums of money to try to beat the
clients into submission. The attorneys at Cheong, Denove, Rowell &
Bennett have learned that effort and desire can only go so far if
they are not backed up by experience. At Cheong, Denove, Rowell &
Bennett, we believe the more you know, the better choice you will
make. The following is a short summary explaining the law of
negligence.
Overview
California Law states that "Everyone
is responsible . . . for an injury occasioned by another for his or
her want of ordinary care or skill in the management of his or her
property or person . ." Civil Code ? 1714 (a). Simply put, one is
responsible for any injury or damage caused by his negligent
conduct. Negligence law comes into play in many types of cases,
including motor vehicle accidents, slip or trip and falls,
construction accidents, and almost any situation one can imagine
where someone has been injured or harmed because another person
acted carelessly. The following is a short explanation of the law of
negligence.
Negligence
Negligence is defined
as the failure to use reasonable care to prevent harm. A person can
be negligent by actions or failures to act. In determining if
someone is negligent the jury is instructed that "a person is
negligent if he or she does something that a reasonably careful
person would not do in the same situation or fails to do something
that a reasonably careful person would do in the same situation."
CACI 401
(CACI are the
approved jury instructions from the Judicial Council of California.
Jury instructions are read to the jury by the judge and establish
the law the jury must follow in deciding the case. A partner of
Cheong, Denove, Rowell & Bennett has been formally recognized as one
of the attorneys who assisted the task force in the preparation of
these jury instructions.)
In some situations
involving
Products Liability,
Common Carriers, and
Dog
Attacks, the law imposes a higher degree of care than reasonable
care.
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Causation
Proving
negligence is the first step to recovery. The injured party
must also prove that the negligence was a cause of injury or
damage. To prove that negligence was a cause, the law
requires proof that the negligent act was a substantial
factor in causing the harm. "A substantial factor in causing
harm is a factor that a reasonable person would consider to
have contributed to the harm. It must be more than a remote
or trivial factor. It does not have to be the only cause of
the harm." CACI 430
Damages |
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Once the jury has
been persuaded that the defendant was negligent and that the
negligence was a substantial factor in causing the harm, the jury
then decides how much money will compensate the plaintiff for the
harm. The harm consists of both economic and non-economic damages.
Economic damages include past and
future medical expenses, lost earnings, lost earning capacity, loss
of one's ability to provide household services, lost profits,
damages to property and loss of use of property. CACI 3903A-N
Non-economic damages include past and
future physical pain, mental suffering, loss of enjoyment or life,
disfigurement, physical impairment, inconvenience, grief, anxiety,
humiliation and emotional distress. CACI 3905A
In certain situations one can recover
damages even if the negligence did not cause a direct injury to the
one who is making the claim. One example is when a husband, wife or
child has been killed, the surviving spouse, children and parents
can recover loss of consortium. These damages include loss of
financial support, loss of gifts as benefits, funeral and burial
expense, value of household services that would have been provided
and the loss of love, companionship, comfort, care, assistance,
protection, affection, society, moral support, training, guidance
and the loss of enjoyment of sexual relations. CACI 3921, 3922
When a spouse has been seriously
injured but not killed, the non-injured spouse can also seek
compensation for similar damages. CACI 3920 This is referred
to as loss of consortium and it is considered to be non-economic
damage.
In cases where the defendant has
committed fraud or has acted oppressively or maliciously, the
plaintiff may seek punitive or exemplary damages. These damages are
designed to punish the wrongdoer for the conduct and to discourage
similar conduct in the future. CACI 3947
Conclusion
Unfortunately, just
because one is legally entitled to recover damages does not always
result in a favorable outcome. It is the job of the attorney to
present the case in a way to maximize the opportunity for a
successful result. For related information about specific injuries
go to
Injury Definitions.
The attorneys at Cheong, Denove,
Rowell & Bennett have authored numerous articles and have lectured
extensively on the subject of negligence law, damages and trial
practice.
Cheong,
Denove, Rowell & Bennett
has the extensive resources to handle the most complex legal
matters, yet is small enough to offer individualized service to
our clients.
At Cheong,
Denove, Rowell & Bennett we believe the more you know,
the better choice you will make.
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