Negligence
Duty, breach, causation, and damages.

The elements of a cause of action for negligence are:

  1. A legal duty to use due care,
  2. A breach of that duty,
  3. A reasonably close causal connection between that breach and the Plaintiff’s resulting injury, and
  4. Actual loss or damage to the Plaintiff.

In negligence actions for personal injury, recovery for emotional distress caused by that injury is available as an item of parasitic damages.

Common affirmative defense to negligence actions are comparative negligence, assumption of the risk, and waiver.

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Brian is a very professional attorney that I would recommend to everyone. He successfully represented me in a custody battle that has spanned the course of nearly 10 years.

Brian went the extra mile when it came to understanding my case and its history. During our trial, I actually felt at peace because he was so well prepared and polished. He communicated all the right points at exactly the right time – and finally brought some closure to my situation.

I am so thankful that to have Brian represent me. I’ve had several attorneys on my case in the past, but Brian truly stands out as the most professional, dedicated, and knowledgeable. I would recommend him to anyone seeking legal counsel. — R.S. Orange County, CA

Disclaimer

These testimonials or endorsements do not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter.