Attorney Bradley Holuta: In order to make a recovery in a personal injury claim, we have to prove that another party is legally liable or at fault for their claim and that requires proving that he or she was negligent.
Negligence means that a person failed to act as any reasonable person would act in that situation. So, for instance, in an auto accident, we have to show that the other driver who caused the accident drove carelessly. They drove too fast for the weather or the lighting conditions, they followed too closely, things of that nature.
In the premise situation where someone is injured on another’s property such as falling in a store, falling on snow and ice, a defect with the sidewalk, we have to show that the landowner had reason to know that there was a problem and then failed to reasonably correct that problem.
We also can prove negligence in a dog bite situation. If they’re bitten by a dog and injured, we have to prove that the landowner had reason to know that the dog had dangerous qualities and then failed to reasonably confine or control the dog.
And upon proving negligence in those manners, we can then make a recovery for their claim. If they find that they’ve been injured, please call our office we’d be happy to speak with them.