What is needed to prove liability in a spinal injury case?

In order to prove liability in a spinal injury case in Hawaii, a few key elements must be established. Firstly, the plaintiff must prove that the defendant owed them a duty of care. This means that the defendant had a responsibility to ensure that the plaintiff would not be hurt in any way. Secondly, the plaintiff must prove that the defendant breached this duty of care by either doing something or failing to do something that resulted in the spinal injury. Thirdly, the plaintiff must show that the injury sustained was actually due to the defendant’s negligence. Lastly, the plaintiff must prove that they have suffered damages as a result of the injury. In Hawaii, the concept of comparative negligence also applies in spinal injury cases. This means that if both the plaintiff and the defendant are found to be partially at fault for the injury, the amount of damages awarded to the plaintiff will be reduced by the percentage of fault they bear. For example, if the plaintiff is found to be 20% responsible for the injury, then any damages they are awarded will be reduced by 20%. In conclusion, to prove liability in a spinal injury case in Hawaii, the plaintiff must show that the defendant owed them a duty of care, breached this duty of care, caused the injury, and that they have suffered damages as a result. If the plaintiff is found to be partly at fault, the damages they receive will be adjusted accordingly.

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What is needed to prove liability in a spinal injury case?

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