Not Legal Advice: According to Findlaw.com, a defendant is liable for negligence when the defendant breaches the duty that the defendant owes to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty.
Unlike the question of whether a duty exists, the issue of whether a defendant breached a duty of care is decided by a jury as a question of fact.
A plaintiff in a negligence case must prove a legally recognized harm, usually in the form of physical injury to a person or to property. It is not enough that the defendant failed to exercise reasonable care. The failure to exercise reasonable care must result in actual damages to a person to whom the defendant owed a duty of care.
Civil damages are usually monetary awards due to a winning plaintiff by a losing defendant in a court of law. Civil damages can be general, punitive or special, or any combination of these.
Going to court can be a stressful affair. To help ease you through the process and retain sanity, here’s a list of top ten court tips you can use to survive your trip to the courtroom shared by Litigation.findlaw.com.