Personal Injury Attorney Madison WI – Eisenberg Law
Consult A Personal Injury Attorney In Madison, WI For Negligence ClaimsAnytime an unexpected injury happens at a place of business, there’s the potential for a personal injury lawsuit to be filed. However, just because there’s been an injury doesn’t mean there’s an actual case. Take a recent case in Virginia. A mother is suing an amusement park for $1 million after one of the rides left her 2-year old son with a serious brain injury. In the filing, the parent claims that the child suffered a fractured skull after exiting the ride and subsequently being hit by one of the ride cars, falling and fracturing his skull. The child has lingering health issues and significant medical expenses. The mother has decided to sue the park for negligence as a result. Does she have a case? In this post we’ll take a look at what is needed to prevail in a claim of negligence. Proving Negligence It’s difficult to ascertain whether the family has a case or not without knowing the full details of the incident. In general, for a negligence case to be proven, the plaintiff must demonstrate that the defendant “had a duty to act with reasonable care” in the situation. The plaintiff must also demonstrate that injuries occurred as a direct result of the defendant’s violation of that duty. In the case of the amusement park accident, it is likely to be found that the operator of the ride had a duty to operate the ride in a reasonably safe way. If he/she didn’t operate the ride in a safe manner, he/she could be found guilty of negligence. But that’s not all. A finding of negligence on the part of the operator could also create liability for the park owners through the legal doctrine of “respondeat superior”. This doctrine holds employers liable for negligent acts committed by their employees so long as the employee’s negligence occurred during the course of employment. Defending Against Negligence There are many possible defenses to a negligence claim including assumed risk or that the actions of the defendant somehow contributed to his/her injuries. The specific facts of the case will dictate defense options, which is why it is so important to consult a personal injury attorney before pursuing a negligence claim.