- Using the Required Elements of a claim of negligence against Your Firm, explain the 4...

- Using the Required Elements of a claim of negligence against Your Firm, explain the 4 steps a plaintiff would have to prove against your firm for a successful suit. What defenses could you use to defend yourself from these negligence claims?

Expert Solution

Four steps a plaintiff would have to prove against my Firm for a successful suit of negligenceF:

1. Duty: Whether my firm had a legal duty towards the plaintiff to act in a reasonable manner (general duty of care); also, if my firm was obliged to take care of special considerations towards the plaintiff, bound by any legislation (special duty of care)

2. Breach: After it is established that my firm had a legal duty, it has to be proved that there was a genuine case of breach on my firm's part in delivering services/ other deliverables towards the plaintiff

3. Cause: It has to be proved that the breach is in fact both the actual and proximate cause of the plaintiff's harm

4. Harm: It has to be proved that the plaintiff has actually suffered any harm (financial or otherwise) due to my firm's breach

Possible defences from My Firm's end:

1. Contributory neglience: If it can be proved that the plaintiff's conduct was in fact below reasonable/expected levels in the concerned situation and this conduct combined with my firm's breach contributed towards the harm caused to the plaintiff, then as per law, no charges shall be compensated to the plaintiff

2. Comparative negligence: It minimizes the recovery compensation of the plaintiff by the percentage in which plaintiff is responsible for his/her damages or harm

3. Assumption of risk: If the plaintiff has taken up the risk, fully having knowledge of the extent and nature of risk involved, then the plaintiff might not be successful in recovering damages from my firm

P.S: If the answer helps, please upvote. Thanks!

jeff jeffy answered 2 years ago

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