- The defendant owed you a duty of care.
- The defendant breached the duty of care through their actions or lack of action.
- You were injured because the defendant breached the duty of care owed to you.
- You suffered quantifiable losses because of the defendant’s actions.
- Should the victim have known better? If the victim was hurt while at a location they should not have been at, such as a restricted or off-limits area, the negligent party may not be liable.
- Is the victim partially at fault? If the victim also acted carelessly, they can still hold the other party liable for their injuries, but the compensation they could recover may be reduced.
- Does the defendant’s employer share responsibility? If the defendant was on the job when the victim was injured, their employer could also be held liable. For example, the employer could be liable if their employee was improperly trained or if they hired a person who was known to be reckless or careless.
- Was the accident caused by a negligent property owner? If the victim’s injury was caused by a dangerous condition on another person’s property, the property owner could be held liable under premises liability law. The victim could hold the property owner responsible if they can prove that the owner knew of the dangerous condition but did not fix it, or that they should have been aware of the dangerous condition.