NEGLIGENCE LAWYER NEW SMYRNA EDGEWATER OAK HILL PORT ORANGE VOLUSIA COUNTY FLORIDA

NEGLIGENCE LAWYER NEW SMYRNA EDGEWATER OAK HILL PORT ORANGE VOLUSIA COUNTY FLORIDA
WWW.LEGALBLACKBELT.COM DAVID G HAMILTON, ESQ. ATTORNEY AT LAW [phone]
Hi, I'm David Hamilton.
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I'm an attorney here in Florida.
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I'm based in Volusia County.
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My phone number is 386-689-5949.
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Today I'm going to be addressing the issue of negligence.
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This is a common word that's thrown around in a lot of legal type shows, law and order and so forth.
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But what is it? What does it really mean to be negligent? What is the cause of action of negligence? Can you just sue anybody for negligence? And what does that look like, the elements of negligence?Are that the defendant owed a duty to the plaintiff to protect the plaintiff from a particular injury or damage.
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So what is duty? Duty would be something like if you went to Home Depot and there were nails all over the floor.
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The Home Depot has a duty to periodically inspect the floor to make sure that there's no hazards on the floor.
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If ever you're shopping in Home Depot and there's a bunch of nails on the floor, and if they if you go to the other side of the store, shop for an hour and then come back and the nails are still there, Home Depot is probably negligent based on their duty.
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They have a duty to maintain their store in a reasonable condition that's reasonably safe.
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OK, that's one example that would be duty.
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So defendant breached his duty or her duty.
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That would be Home Depot breached the duty by failing to periodically inspect the store.
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They have associates that are walking around.
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If associates see the nails and steps over the pile of nails and keeps going, they have definitely breached their duty to inspect the premises.
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Next defendants breach was the proximate cause of the injury or damage to the.
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Plaintiff.
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So if if it has to actually cause the damage to the plaintiff.
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So if somebody walks an hour later and steps on a nail, that would be the proximate cause of the damage.
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There's a nail now through the shoe.
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But if I'm walking down the aisle, I see the nails and somebody in aisle 9 hucks a football and hits me in the head.
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Will the nails didn't cause my damage.
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So Home Depot isn't the one that caused the damage to whoever the idiot on aisle 9 that threw the football and.
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In my head, that's where the damage came from.
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So the injury has to be caused from the proximate negligence of the wrongdoer.
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And then the last thing plaintiffs suffered damages caused by the breach.
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So if I'm walking down the Home Depot aisle, I see the nails, I go back an hour later and I see the nails again.
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Um, and I don't step on a nail, but I step over the pile and I'm not damaged in any way.
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I can't go and say, well, I I have emotional distress because these nails seems dangerous.
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Well, that's not damage.
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Damage must be a dent or bruise.
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So that's what we're looking for in that.
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So it would be something like a nail through the shoe or something that draws blood or creates a dent or or harm to a person.
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So that's the cause of action of negligence in Florida.
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Just to recap that the defendant owed a duty to plaintiff to protect the plaintiff from a particular injury or damage.
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So there's duty, then there's breach of the duty, then there's the proximate causation, and then there is the damages.
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Those are the four elements of negligence here in the state of Florida.
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If you feel someone has negligently dealt with you or that through someone else's bad act or someone else's lack of maintaining safe equipment or safe.
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Aisle in a store or something to that nature.
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Feel free to reach out.
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Let's do an assessment of your negligence.
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My name is David Hamilton, 386-689-5949 legal, blackbelt.
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com.
The elements of Fraud are:
1. Defendant made a false statement regarding a material (relevant and important) fact;
2. Defendant knew or should have known the representation was false;
3. Defendant intended that the representation induce plaintiff to act on it; and
4. Plaintiff suffered damages (economic or you lost money or reputation) in justifiable reliance on the representation.