Establishing Fault in Celina Burn Injury Cases
All civil claims place the burden of proof on the injured person. Typically, Celina burn injury lawyers must prove a defendant behaved negligently by establishing four elements:
- Duty – a defendant owed a them a duty of care to not cause undue harm
- Breach – a defendant failed to perform their duty
- Causation – the breach of duty directly resulted in harm to the claimant
- Damages – a person must show evidence that they suffered an actual injury
Celina follows the doctrine of comparative negligence. This doctrine states that so long as the injured individual’s negligence does not outweigh the defendant’s negligence, then the individual is still allowed to recover. However, if their amount of fault is found to outweigh the defendant’s, then they lose their ability to recover damages.
Another potential legal theory that burn injuries could use is product liability. In product liability cases, victims need to show that a defect in a product caused a burn injury. A product manufacturer could be liable if either the product was badly designed or incorrectly manufactured. A Celina burn injury attorney could help a person determine who is responsible for their burn injuries and could calculate their degree of fault.