You might feel like your personal safety has been totally
violated by the negligence of someone else and not know if you can ever feel safe as a pedestrian again.
Not exact matches
Violating the rules of the road
by ignoring a hazard, behaving recklessly, or purposefully breaking the law may be
negligence.
Negligence is generally proven
by demonstrating that the defendant was in a position where he or she owed the plaintiff a duty and caused the damages alleged
by violating that duty.
In a lawsuit alleging
negligence by another person, plaintiffs typically must prove that the defendant acted in a way that
violated a duty owed to the plaintiff.
Furthermore, the practice argued that the
negligence per se claim could not stand because the statutes at issue that were
violated are not intended to prevent the type of harm incurred
by the plaintiff, and, separately, the professional
negligence claim could not stand because the conduct at issue did not involve the exercise of professional judgment or skill.
In order to establish such
negligence by the park or its employees, your attorney will need to show that the defendant
violated its duty of care
by failing to ensure that the grounds were free of unsafe conditions.
Because our existing case law holds that a property owner does not
violate the duty of reasonable care
by failing to remove natural accumulations of snow and ice, see Sullivan v. Brookline, 416 Mass. 825, 827 (1994), the judge concluded that, as a matter of law, the plaintiff could not prevail on his claims of
negligence; therefore, the judge allowed the defendants» motions for summary judgment.