What is Considered Negligence in Las Vegas?

When a person’s conduct falls below a certain standard of care for the safety of the person and property of others, that conduct might be considered negligence. In order for the personal injury lawyers in our law firm to prove negligence in Las Vegas or anywhere else in Nevada, certain elements must be proved. Those elements follow:

  • Duty of care: The person who was allegedly negligent owed a duty of care to the person claiming injuries.
  • Breach of that duty of care: The allegedly negligent person’s conduct fell below the standard of care that an ordinary reasonable prudent person would adhere to.
  • Cause: The breach of duty caused the accident that the claimant was injured in.
  • Proximate cause: It was foreseeable that the claimant would be injured in the accident.
  • Damages: The claimant suffered legally recognized damages like medical bills and lost earnings.

 Statutes and Ordinances

If a claimant fails to prove any single element of negligence, his or her case fails in its entirety. In motor vehicle collisions, statutes and ordinances govern what is considered negligence. At other times, there might not be a statute or ordinance in existence that governs the standard of care like in a medical malpractice case. That’s when we retain an expert for purposes of establishing what is considered negligence by testimony as to the standard of care and a deviation from it.

No Intent of Harm

As opposed to intentional acts like assault or battery, Negligence causes injuries and damages by accident. What is considered negligence isn’t a deliberate or intentional act coupled with the intent to harm somebody else. A punch in the nose is intended to harm the intended victim. When you were looking at your phone and rear-ended the car in front of you, no harm was intended.

Contact us here at Gabroy | Messer right away after being injured in an accident. We’re going to listen to you carefully. After that, we’ll answer your questions and advise you of all of your legal options. You can contact us online, or you can call (702) 259-7777. Get in contact with the Gabroy | Messer team right away after being injured in an accident. We’re here to help!

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