Negligence: Cleveland Attorney

Cleveland Attorney, Joseph T. Burke, explains negligence:

Negligence is the failure to provide necessary care. Generally negligence results in injury or some kind of damage due to neglecting duties.  In order to prove a party guilty of negligence, there are five elements that must be examined.  

These five elements include:

  • Breach of Duty occurs when an individual or a business fails to exercise reasonable care in fulfilling a duty that is already set to be completed.
  • Cause in Fact proves that the individual or business’s actions caused the injury due to negligence.
  • Damages prove that the harm that was caused by the individual or business in question.
  • Duty refers to the responsibility of the individual or business to care for the injured.  
  • Proximate Cause refers to foreseen damages that are caused by neglect.  If the injured cannot prove that the injury or harm was foreseen, there is no proximate cause.  

Negligence cases are among the most common in court.  Common negligence cases include:  nursing home neglect, a parent neglecting a child, reckless driving accidents, and a doctor prescribing addictive drugs to an addict.  These cases are taken very seriously and require proper council to settle in court. 

For more information call 440.895.1234 or visit

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