Personal injury law or tort law covers a wide variety of accident cases in which you may be injured and want to claim compensation. The law is distinct from criminal law or contract law comprising only a specific segment of the vast periphery of the judicial system. Therefore, it is for the Injury Lawyer in Camrose to decide which of the actions or in actions of the defendant can be considered as tortuous. You must know that even if the defendant may have a strong breach of contract or duty of care, all may not be categorically a to riotous act and eligible for injury claims.
Trespass and Battery
In cases of trespass, the Injury Lawyer in Camrose must prove that one of the parties had the intention to trespass the land or even trespassed the land without the consent of the plaintiff that possessed the land. In such situations, the trespasser may be injured may be due to some precautionary measures taken by the other party to protect the land. Similarly in case of battery, one party will have acted intentionally to cause a contact with the other party by touch that is offensive and harmful. It is also required to prove that the other party had no consent to such touch.
Assault and False Imprisonment
In case of an assault,it is required to prove that one party acted intentionally so as to cause the other party to apprehend,but not fear imminently offensive and harmful contact. In case of false imprisonment, it is the willful act of the defendant that the Injury Lawyer in Camrose considers to prove that it was done with an intention to confine the plaintiff without any consent of the plaintiff or any authority of the law. In such cases, it is also required to prove that the act of the defendant caused the confinement and the plaintiff was aware of such confinement.
Negligence and Intentional Infliction
Sometimes the defendant may deliberately cause emotional distress with intentional infliction with his or her actions. The conduct may be outrageous and so purposeful that the emotional distress could have adversely affected the mental health of the plaintiff. In cases of simple negligence, the Injury Lawyer in Camrose will emphasize on the point that the defendant owed the plaintiff a duty of reasonable care and breached that duty for which the plaintiff suffered an injury. In specific Negligence Per Se, the plaintiff is harmed when it was the statutorily imposed duty of the defendant to protect the plaintiff and the defendant violated that statute.
Nuisance and Liability
In cases that involves private nuisance, the action of the defendant must be an intentional but non-trespasser activity that may be a recurring act that prevents the plaintiff to enjoy the land. Public nuisance will involve intentional and unreasonable interference of the defendant that injures the plaintiff singling out from the other public. In products liability cases, the defendant will sell a product commercially that the plaintiff uses and suffers an injury and the item was defective when sold being an actual and proximate cause for plaintiff’s injury. To read more Click Here
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