Providence Negligence Attorney
We all have a duty to behave as reasonably prudent people in all aspects of our lives. Whether it is maintaining a premises, a construction site or mundane activities like driving a vehicle, we are all held to that same standard of the reasonably prudent person. Having said that, we are not held to the standard of perfection. If a certain form of behavior is considered acceptable in most circles, then it probably falls under the reasonably prudent person standard. For example, having a dog as a pet is generally accepted as reasonably prudent in Providence, Rhode Island, while having a trained attack dog is not.
What Constitutes Negligence?
In order for a negligence case to occur, the offending party must breach that duty. In our premises liability, construction and nursing home cases, the breach of duty occurs when something goes wrong that falls outside of the reasonably prudent standard. Should a swimming pool in Providence not have an enclosure, should the ladders at a site not be in proper working order, should a nursing home in Connecticut hire someone with a history of abuse, it is easy to see how these would violate the reasonably prudent standard. Getting back to our dog example, if the trained attack dog does, in fact, attack someone, the duty has been breached. Breach of the duty is usually the most difficult part of a negligence case to prove because it is a moving target. However, with 50 years of experience the attorneys at Resmini Law Firm have the expertise and experience to counsel our clients on whether a jury is likely to believe that the duty has been breached.
Proof of Negligence
A plaintiff in a negligence case must show proximate cause. Merely because a pool does not have an enclosure is not evidence of negligence. Rather, the lack of enclosure must be somehow tied to an injury. If the ladders at a construction site are not in proper working order but you chose to jump off the roof instead of using it, then you cannot say that the ladder was the proximate cause of your injury.
Proof of Damages
Finally, a plaintiff must show damages. Even if all of the above elements are met, but you suffered no harm because of them, an attorney is unlikely to take your case. If the ladder at the construction site did not work correctly but you suffered no harm from it, a negligence case should not be brought. We understand that bringing suit might prevent another person from suffering the harm that you avoided, but our justice system is not constructed that way in most cases. If your damages or injuries are slight, it is best to at least consult with an attorney at Resmini Law Firm to determine whether it is worth your time.
The Resmini Law Offices is a well-respected firm completely dedicated to helping clients who are injured recover what is due. We are proud to have served clients in Rhode Island, Massachusetts, Connecticut and Florida for 50 years. For more information, call us at (401) 751-8855 or toll free at 1-855-RESMINI. We would be happy to consult with you in our offices in Rhode Island, Connecticut, Massachusetts and Florida, free of charge. Or, feel free to email us for a consultation.