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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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The judge dismissed my case saying injury alone is not

Customer Question

The judge dismissed my case saying injury alone is not enough to prove negligence
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm sorry to hear that you did not win your case.

There are 5 parts to a negligence case. Injury is only ONE of those elements. A party who is suing someone else for negligence has the burden of establishing:

1. That the other party owed him a duty NOT to injure him.

2. What a reasonable person would have done under the same or similar circumstances.

3. That the person being sued did NOT do what a reasonable person should have done.

4. Injury caused by the defendant's action or failure to act.

5. Damages.

If you rested your case without presenting evidence on the first four prongs, you did not prove your case and the judge was unfortunately within his rights to dismiss the case. A person representing himself is expected to do the research and find out what evidence is needed to win the case. The judge cannot rule in your favor if you didn't do that. But if you DID present evidence that the defendant did something wrong, then you can file a Notice of Appeal.

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