Negligence is the legal theory typically used to hold parties responsible for their careless acts that injure an innocent person. To prove negligence, the plaintiff should be able to establish a duty of care on the part of the defendant. The defendant must have also had a legal requirement to conform their actions to a certain standard.
Next, a plaintiff must show that the defendant failed to meet that standard of care through act or omission, thereby breaching their duty. In the case of a kitchen appliance manufacturer, a toaster that does not bear warning labels about the electrical current running through the metal coils may have breached their duty to warn a user who suffered electrocution of its dangers.
The plaintiff must also show that the defendant’s action or omission was the direct cause of their injury. Lastly, a plaintiff must prove that they have damages or injuries as a result of the negligent act. To fully establish a defendant’s negligence, it is recommended to reach out to a Columbia personal injury lawyer for professional assistance.