Personal injury law consists of a series of elements that must be proved by the injured party by a preponderance of the evidence. All persons must use reasonable and ordinary care when engaging in certain activities. These include showing proof that a duty of ordinary care was owed to the injured party, that the duty was breached, that the breach caused the claimed injury, and that plaintiff’s injuries were a result of the accident.
There are different types cases in personal injury law. Premises liability law includes slip and fall cases and requires that a land or property owner keep his or her premises safe from unreasonable risks of harm. The liability of the property owner or the one in legal possession may, in certain jurisdictions, depend on the status of the plaintiff and if he or she is considered an invitee, licensee, or trespasser. Further, an owner or possessor must usually have notice of an unsafe condition or by using reasonable care, should have inspected and discovered the risk.
Personal injury law also includes product defect cases, which require that all products be safely designed, be manufactured free of defects, and be marketed safely with any necessary warnings of potential risks to users. Designers or manufacturers may be held strictly liable without the need to prove negligence, if a defect is found to exist.
Medical malpractice cases have different timelines for filing, giving notice of the claim, and for presenting it for filing. Physicians are held to certain standards of competence as compared to similar practitioners in the same practice area and locality and under similar circumstances.
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