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Foreseeability in a Personal Injury Case
Legal Elements
Foreseeability in a Personal Injury Case
San Antonio Personal Injury Lawyers » Foreseeability in a Personal Injury Case
What is Foreseeability, and How Does it Affect my Personal Injury Case?
Foreseeability is a prerequisite for determining if someone acted negligently. To prove that someone acted negligently you must prove that there was a duty of care, that duty was breached, these actions caused the injury, and that the victim suffered actual damages. The concept of foreseeability is utilized in determining duty of care, breach, and causation. Consequently, foreseeability is basically the foundation for negligence claims. Foreseeability involves knowing that the act or failure to act presented a danger to others. Being able to foresee something is essentially being able to reasonably predict or know in advance that something would happen. Therefore, foreseeability is being able to reasonably predict or know beforehand that your action or inaction would or could cause another person harm.
How Does Foreseeability Affect Duty of Care?
A person is only responsible for your injuries if they first had a duty of care. The court must first determine whether or not the defendant even owed any duty of care. If they rule that they did owe you a duty of care, they are faced with deeper queries. They then must define the scope of that duty of care. For example, if you are swimming at the beach and you begin to drown, the lifeguard has a required duty to protect you. But how far must he go to make sure that you do not die? Does he only have to pull you out of the water and remove you from that danger, or is he required […]