Have you ever called someone NEGLIGENT because they cut you off in traffic? Many people use the word negligence, but under Virginia law, this word has a very specific meaning. In fact, all new law students study negligence because the American civil justice system depends on it.
To win a negligence case in Virginia, the person suing, known as a plaintiff, must PROVE four things:
1. That the person who injured him had a duty to exercise ordinary care toward him;
2. That the person who injured him breached, or violated, that duty;
3. That the person’s acts or failure to act caused the plaintiff’s injuries; and
4. That the plaintiff was damaged in some way. Continue reading “What Is a Negligence Case?”