There are laws that protect consumers who have been injured as a result of negligence. Negligence is the failure to use reasonable care to prevent harm to oneself or others. CACI 401. A person can be negligent by acting or by failing to act. Id. A person is negligent if he or she does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation. Id.
In some cases, a person suing in a personal injury action is entitled to the benefit of a res ipsa loquitur [instruction] when: ‘the accident is of such a nature that it can be said, in the light of past experience, that it probably was the result of negligence by someone and that the defendant is probably the person who is responsible.’” Rimmele v. Northridge Hospital Foundation (1975) 46 Cal.App.3d 123, 129, internal citations omitted.
A person’s negligence may combine with another factor to cause harm if the defendant’s negligence was a substantial factor in causing plaintiff’s harm. Id. A defendant cannot avoid responsibility just because some other person, condition, or event was also a substantial factor in causing the plaintiff’s harm.
For over a decade, Attorney Scott represented Fortune 500 companies, national and foreign car manufactures, golf car manufactures, sporting goods manufactures, theme parks, businesses and individuals against negligence claims: