Determining Negligence in Tort Cases

By Pyle Law, Reviewed by E. THomas Pyle November 09 2022 9:52 pm

Determining Negligence in Tort Cases

By Pyle Law, Reviewed by E. THomas Pyle November 09 2022 9:52 pm
Determining Negligence in Tort Cases

If you have been injured in a car accident or another negligent act that was caused by someone or something else, you could have a claim to recover damages for all costs and damages linked to your injury. However, the law requires you to prove certain things before you can obtain reimbursement.

Never hesitate to learn about your options in negligence cases. To get started, reach out to the experienced personal injury lawyer from Pyle Law for your free consultation. We can evaluate whether compensation is possible in your negligence claim by proving the negligence of another party.

What is Negligence?

Negligence is a legal concept that is used to determine the party at fault or liable for an accident or incident that results in damages. Negligence is “a failure to behave with the same level of care that someone of ordinary prudence would have exercised under the same circumstances.”

There are four parts to negligence:

  1. Duty
  2. Breach
  3. Causation
  4. Damages

For example, when drivers are on the road, they have a legal duty to drive safely and responsibly and are legally obligated to do so while sober. If a driver violates their duty to drive safely, and that breach causes an accident, they will be liable for the damage that results. This means that the defendant owed a duty of care to the plaintiff. Some duties are based on what a reasonable person would do in a similar situation, while other duties are based on the law. The violation of a law is an automatic breach of duty in most circumstances, as we’ll discuss below.

Breaking the law is “De Facto” or Automatic Negligence in Kansas Courts

The Kansas Court of Appeals notes that Kansas courts recognize the rule that “a breach of duty imposed by law is negligence.” What this means is that if a party breaks the law and that causes an accident or incident that injures you and results in damages, that party is legally negligent.

Examples of breaches of the law that lead to civil negligence and resulting damage for our clients include:

  • Drunk driving
  • Speeding
  • Failure to follow traffic rules
  • Assault and battery
  • Arson

These and other crimes can lead to direct civil liability to the injured party for all related damages. To prove negligence or that the defendant owed a duty of care, it must be evidence that the defendant failed to exercise reasonable care and was the direct cause of a plaintiff’s injury.

Your personal injury attorney will carefully review the evidence to determine the factors in your case that can be used to demonstrate the negligence and financial liability of the at-fault party.

Connect with a Kansas Personal Injury Lawyer from Pyle Law

One of the experienced personal injury attorney with Pyle Law is available to provide a risk-free, cost-free consultation on your case or personal injury claim. If you have been injured due to negligent conduct or breach of duty of another party, you could be entitled to compensation for all related costs and damages.

Recovering what you deserve requires the accurate application of the concept of negligence to your case and working with an experienced attorney takes the guesswork out of the process and supports the best possible outcome on your behalf. Visit our site to schedule your free consultation, or give us a call at 620-241-9000.

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Pyle Law was founded in 1999 with a commitment to fewer clients and better service. We believe that each and every client is important and everyone is entitled to justice and equal protection under our laws. We make every case a priority and are committed to keeping each client informed about the status of their case. We do not guarantee results, but we do guarantee effort.


This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney E. Thomas Pyle who has more than 20 years of legal experience as a practicing personal injury trial attorney.