At Gosai Law, we understand the four components to a negligence claim: duty of care, breach of duty, causation, and damages.

1. First, there must be a duty of care. Where the case is not a category of cases where the court has already recognized a duty of care, the plaintiff must show that the wrongdoer owed them a legal obligation to act reasonably or to avoid causing them harm. For instance, a driver has a duty to operate a vehicle responsibly to protect others on the road. The nature of the duty owed by the tortfeasor is often referred to as the standard of care. The standard of care will vary depending on the nature of the claim.
2. Second, the wrong-doer must have breached their duty by falling below the standard of care expected in the given situation. To demonstrate a breach of the duty, the plaintiff must illustrate how the wrongdoer’s actions fell below the standard of care.
3. Third, the plaintiff must show causation. This means the plaintiff must establish that the breach of duty and standard of care by the wrongdoer caused the plaintiff’s injuries.
4. Fourth, the plaintiff must prove Damages. This means the plaintiff must show that they suffered harm, economic or non-economic loss. To succeed in a negligence claim, the plaintiff must demonstrate that they suffered actual harm or losses as a result of the defendant’s breach of duty. Damages can include physical injuries, emotional distress, medical expenses, loss of income, and other tangible or intangible losses.

What To Do Next

The staff and lawyers at Gosai Law have represented thousands of plaintiffs through negligence claims of many different kinds, including professional negligence claims, systemic negligence claims and even claims against the Crown.

Negligence claims can be complicated. Enlisting a lawyer can help. At Gosai Law, we have the knowledge and the experience involved in prosecuting a negligence claim. This includes knowledge and experience in bringing and resisting procedural or substantive motions, demanding particulars, and proceeding through discovery. Most of all, we possess a solution based approach to your litigation.

At Gosai Law, we are ready to be your solution.

Contact us today for a free consultation if you believe you’ve suffered due to someone’s else’s negligence by filling out our Contact Us form or call (905) 595-2225.