Everyone owes a duty to act with the reasonable care that one would expect from the ordinary, average person. When someone violates that duty through careless or reckless conduct, that person was negligent. When the breach of that duty causes injury to another, the law allows the injured party to sue for the damages that were inflicted. Injured plaintiffs are entitled to recover for economic and non-economic losses. Economic losses are ascertainable costs such as property damage, past and future medical expenses, and lost wages from missed work or future diminished earning capacity. Non-economic losses are less tangible, including such damages as pain and suffering, mental anguish, and emotional distress. In some cases, attorney fees and court costs may be recovered against a negligent defendant. In cases where the defendant’s conduct is found to be particularly egregious or malicious, punitive damages are sometimes also assessed.
Property owners owe a duty to maintain their premises in a reasonably safe manner, free of dangerous conditions. It is the duty of the owner to inspect the property and either fix any dangerous conditions or post adequate warnings.
If you or someone you know has been injured as a result of someone’s negligence, a skilled personal injury attorney can be very helpful in evaluating the circumstances surrounding your injury and determining what compensation you are entitled to.
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