Most personal injury claims are based on the theory that someone acted negligently and caused someone else’s injuries. Although negligence in Oklahoma is a common claim, proving that someone acted negligently isn’t always easy.
In fact, a plaintiff in a Tulsa personal injury case will need to prove four parts of a negligence claim in order to succeed. These parts are called “elements,” and include duty, breach, causation and damages.
An experienced personal injury attorney can help build your case that someone else’s negligence in Oklahoma caused your injury.
Duty
The first part of a negligence claim, duty, is often straightforward, but can get complicated in certain situations. “Duty” means that someone had a responsibility towards you in a particular situation.
Consider a slip and fall incident where someone slipped on a slippery substance at the entrance of the store. A personal injury attorney will argue that the store had a duty to keep the entrance to it free and clear of dangers.
Alternately, consider a situation where a store customer slips and falls on a slippery substance on the sidewalk bordering the grocery store. The grocery store may argue that it does not have a duty to keep the sidewalk free of slippery substances.
In either situation, an attorney will need to clearly establish that the grocery store had a duty under those exact circumstances.
Breach
Proving that a defendant was negligent also requires a plaintiff to establish that a defendant breached his duty by failing to meet the “standard of care.”
In all situations, people are expected to act as a reasonable person would under the exact same circumstances. Therefore, a plaintiff must first establish how a reasonable person would have acted under the circumstances.
Where a situation is especially dangerous, someone must act extremely carefully to avoid causing injury to others. Here, even the slightest deviation from ensuring someone’s safety can give rise to a negligence claim.
For example, a bus driver carrying 20 passengers along an icy highway could be found negligent for answering a cell phone call, even if he kept one hand on the wheel and his eyes on the road.
In normal circumstances someone is merely expected to act with ordinary care. Here, someone driving along a flat stretch of road on a sunny day may not be found negligent in an accident even if they answered a phone call.
Finally, people may choose to act in a way that demonstrates a complete disregard for others’ safety no matter the conditions. This can always give rise to a claim of gross negligence in Oklahoma.
In order to win a negligence claim, a plaintiff will have to prove that the defendant deviated from the standard of care required for a particular situation.
This can be proved with an expert who will testify as to whether the defendant acted reasonably or not. This can also be up to the jury to decide based on the testimony of other witnesses.
Causation of Negligence in Oklahoma
Next, a plaintiff must prove that the defendant’s failure to act within the standard care was the actual cause of his injury. This often becomes a challenge when something else either contributed to causing the accident or the personal injury itself.
For example, in an accident where the driver in the lane next to plaintiff suddenly swerved into his lane, the plaintiff can argue that the driver caused the accident by swerving.
However, if a deer had run in front of the driver, which caused him to swerve, he may not be the entire cause of the accident.
Or perhaps the plaintiff was also at fault because he was texting and was unable to react appropriately to the other driver’s swerve.
The defendant may also try to argue that he was not the cause of the injury. For example, if the plaintiff suffered from back problems his entire life and is now claiming damages for a back injury.
Damages
Finally, a plaintiff must prove that he suffered monetary damages from his injury. This can easily be proven through medical records or other evidence showing a financial loss because of a personal injury.
Initial Consultation and Case Evaluation
The law affords everyone an opportunity to have their day in court, no matter how big or small their case. If you or someone you know has been hurt due to someone else’s negligence, please contact a Tulsa personal injury attorney to discuss your available legal options.
Consult with an experienced attorney today at The Personal Injury Law Office of Tulsa, call (918) 924-5528. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.
