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January 1, 2012
Child Injury, Bullying, Harassment, and Education Law, Special Education Law Made Simple , Fargo, ND
Q. Should I get a lawyer?
A: Premises liability cases, like most negligence cases, have two major components: Liability and Damages. Both need to be proved by a preponderance of the evidence in order to prevail. Let's break them down: Liability: This has to do with whether or not the defendant/wrongdoer/tortfeasor had a duty of care to the injured person/victim/plaintiff. A duty arises when there is a requirement for an individual or business to adhere to a reasonable standard of care while performing an act that could foreseeably lead to another being harmed. For liability to attach, there then needs to be a breach of this duty. In short, the person or business acted unreasonably in creating the unsafe condition or environment. There also needs to be causation - meaning that the action (or inaction) of the defendant caused the harm. If these are all established, then so is liability. Damages: This is pretty much as simple as it sounds. Damages can come in the form of physical injury, emotional harm, or financial harm. There are two types of damages: Special and General. Special damages are tangible damages that we can calculate such as medical bills or lost wages. General damages are a little more arbitrary and consist of things like pain and suffering or humiliation. I do not know the specifics of the unsafe condition you encountered at the QuikTrip, but if all of these elements are met - then technically you would have a case. As always, I recommend reaching out to an attorney that is experienced in this area of law for a consultation. Hope this helps!
March 4, 2021
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