How do you prove negligence?

·         Negligence is an essential element of most personal injury claims. Whether you can prove negligence depends on the circumstances of your accident and whether you can produce sufficient evidence to prove that a person was negligent.

·         You must also prove that the injury you sustained was foreseeable in the circumstances.

·         You must also prove that the injury was a result of another person's carelessness, recklessness or fault.

·         If you can prove these two elements then you may have a claim in negligence for your personal injury.

·         An example of obvious negligence would be if you had been walking on the footpath and tripped over a cracked concrete paver in the supermarket car park that had been left over from construction work. It would not be difficult to establish that the owner or occupier of the shopping centre failed to take reasonable care for the safety of patrons visiting the shopping centre or failed to take any action to warn patrons of the danger.

·         Discussion your issue with a lawyer can help you evaluate whether your particular circumstances would form a strong basis for a negligence action or not.

·         You can also find out more in out Negligence & Torts topic.

·         If you decide you need legal advice our Phone a Lawyer service may be able to put you in touch with a lawyer for a preliminary consultation.