When is a professional liable for damages resulting from professional negligence?
In Oregon, a professional can be held liable for damages resulting from professional negligence when the professional has failed to exercise the degree of care or skill that would be expected of that particular professional. This means that if a professional fails to do something that would normally be done by someone with his or her level of qualifications and experience, then they could be held liable for any resulting harm. The elements of a professional negligence claim are duty, breach of duty, and harm resulting from the breach. The professional must have owed some kind of duty to the person they harmed, they must have failed to live up to that duty, and the failure must have resulted in actual or foreseeable harm. In Oregon, professional liability cases are often tried under a theory of negligence. The court will decide if the professional was negligent in some way that caused the harm, and if so, the court will then decide how much the victim should be compensated for his or her losses. In short, a professional in Oregon can be held liable for damages resulting from professional negligence when the professional has failed to meet the professional standards for that profession, and this failure has caused foreseeable harm.
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