For someone to recover there has to be a determination that the defendant is negligent. What does the plaintiff have to prove in order to show negligence? The plaintiff will attempt to establish that the defendant owed the plaintiff so sort of duty - generally it is reasonable care. The jury then has the decision of whether the defendant breached this duty by failing to exercise this degree of care.
If someone is negligent, the conduct that person is performing creates unreasonable risks that a reasonable person would not perform. This conduct is unreasonable when a reasonable and prudent person would foreseen harm to the plaintiff may result from this behavior. In other words, to determine if someone is negligent the question becomes is whether the defendant exercised the duty to use due care in operating the mower that an ordinary prudent man would exercise under the same or similar circumstances.
As the language indicates same and similar circumstances, may take in consideration of whether the defendant is performing these actions under the pretense of an emergency. As such you have the sudden emergency doctrine, which provides the defendant acted as an ordinary prudent man would under like circumstances.
The personal injury attorneys at Meyerkord & Kurth are experienced with motor vehicle accident claims and can help you or someone you know who has been in a motor vehicle accident. We have a track record of recovering millions of dollars due to car accidents and helping clients recover from their traumatic experience. Our personal injury attorneys are licensed in Missouri and Illinois. We have logged thousands of hours on the phone with insurance companies and recovered millions of dollars for medical bills, pain and suffering, and property damage. We have over 95 years of combined experience. Please contact us at (314) 300-3000 or (800) 391-4318 for a no-obligation assessment of your potential motor vehicle case.
**The choice of a lawyer is an important decision and should not be based solely upon advertisements.**
**Past results do not serve as a guarantee of future results.**
**The information on this St. Louis personal injury website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.**