The first element is that the person owes a duty of care to them. Generally, people owe each other a duty of care to act as a rational person in the same or similar set of circumstances. The second element requires that the person breached or broke that duty of care. Usually, this is shown by proving that the person failed to act reasonably.
The third element is causation and has two parts to it. There must be actual and proximate cause. Actual cause means that the person is directly responsible for the victim’s injuries. Proximate cause means that it should have been foreseeable to the other person that their actions could cause harm. The other part of proximate cause is that there was no other unforeseeable event in between their injury and the person’s conduct. Lastly, there must be actual damages. For this scenario, it would be the catastrophic injuries an individual suffered and any additional damages such as loss of income. A Bowling Green catastrophic injury lawyer could help individuals pursue the damages that they deserve.