Understanding Personal Injury Terminology II

In the second part of our video "Understanding Personal Injury Terminology" we continue introducing general personal injury terms. Torts fall into the following three general categories: 1. Intentional Torts – a tort that can only result from an intentional act such as: - battery - assault - false imprisonment - trespass to land - trespass to chattels - intentional infliction of emotional stress. 2. Negligent Torts – a tort that results from a failure to behave with the level of care that someone of ordinary prudence (i.e. sometimes called the “prudent man rule”) would have exercised under those same circumstances. An example would be causing an accident by failing to obey traffic rules (i.e. speeding, running through a red light or stop sign, etc.). 3. Strict Liability Torts – a tort caused by virtue of a wrongful act, without any accompanying intent or mental state. An example would be liability for making and selling defective products (i.e. often called “Product Liability”) such as a harmful drug. HOW TO DETERMINE NEGLIGENCE? There are five elements that are required to establish a prima facie case of negligence: 1. The existence of a legal duty to exercise reasonable care. 2. A failure to exercise reasonable care. 3. Cause in fact of physical harm by the negligent conduct. 4. Physical harm in the form of actual damages. 5. Proximate cause, a showing that the harm is within the scope of liability. Need legal help? On Legal Bistro you will find many lawyers who will review your case and be interested to work with you on a contingent fee basis. The service is 100% free for consumers and you remain anonymous throughout the entire process of finding the right lawyer. So what have you got to lose? Come and visit our site at http://www.legalbistro.com.