There are many rules, doctrines, presumptions, balancing tests, and other concepts written across the law, including when it comes to personal injury law. That is why knowledgeable Louisiana injury attorneys are so important to your personal injury case. You certainly know the facts of your case. But do you know how to go about obtaining the evidence you need? Do you know which legal concepts will apply to your case? One concept that can affect many types of personal injury cases is the “duty-risk analysis.”
Last year, the Court of Appeal looked at a case involving a fast food customer injured by a cup of hot coffee. In making its decision in that matter, the appeals court pointed out the four factors that go into the duty-risk analysis: “(1) Was the conduct in question a substantial factor in bringing about the harm to the plaintiff…? (2) Did the defendant(s) owe a duty to the plaintiff? (3) Was the duty breached? (4) Was the risk, and harm caused, within the scope of protection afforded by the duty breached?” In other words, did the defendant cause the injury, did the defendant have a duty to the plaintiff, did the defendant violate that duty, and was the injury suffered within a reasonable “scope of protection” of the duty?
In last year’s coffee case, the plaintiff lost because she admitted that she lifted the drink from a drink holder by grabbing the lid. The plaintiff had a problem with the first element, in that she lacked proof that the defendant’s conduct caused the injury.