Plaintiff’s lawyer in advertising points out how hard it is to win an outdoor recreation lawsuit
Posted: August 17, 2010 Filed under: Uncategorized Leave a commentUnless the outdoor recreation industry makes it easy.
An injury is not enough to win a lawsuit. You must prove negligence:
- You owed the plaintiff a duty
- You breached the duty owed to the plaintiff
- The plaintiff was injured and suffered damages
- The plaintiff’s injuries were directly a result of your breach of a duty.
All four of those points must be proved, to win a lawsuit. The injury is always the obvious one. The issue is did you owe the plaintiff a duty. Did you breach the standard of care you owed a plaintiff? If the plaintiff can’t discover or does not owe that standard of care that is difficult.
See To Win An Accident Case Requires More Than Injuries You Must Have A Breach Of Duty
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