CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP San Diego Personal Injury Attorneys
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CaseyGerry
CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
Trial Lawyers Since 1947
Negligence and MisconductNegligence and Misconduct Overview Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. Negligence is conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. In a negligence action the plaintiff must establish that the defendant owed the plaintiff a duty of care, that the defendant failed to discharge that duty, that the defendant's failure in the duty of care caused the plaintiff's injury, and that the plaintiff in fact was injured. Negligence and misconduct can occur in public settings, in which public employees such as law enforcement personnel fail to take sufficient care. It can also occur in any kind of business in which the business offers a service and owes a duty of care to its clients or customers.  |
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