Read on to learn all about the elements of negligence as well as related issues like foreseeability, reasonableness, and the “standard of care.” 4 Elements of Negligence (1) Duty. Before you see a dime from the at-fault person’s insurance company, the burden is on you to prove the other party’s negligence. In a tort case, the lower preponderance of the evidence standard is used. Also considered is what a reasonable person would have done in the same situation. There are four key elements in proving negligence. Please answer a few more questions and then click "Go to Last jQuery(".on-page-links ul > li a").click(function(){ In order to win a negligence case, the plaintiff (the person injured) must prove the following four elements to show that the defendant (the person allegedly at fault) acted negligently: Duty - The defendant owed a legal duty to the plaintiff under the circumstances; Breach - … So far so good! Lawyers and licensed experts such as psychologists. Please use the button below to see how else we can help. These are: Duty of Care. Under negligence per se principles, there is a rebuttable presumption that the plaintiff was negligent. Money can't solve what happened in the past. Of course, many torts are the result of negligence. If the plaintiff didn’t suffer any harm, then they cannot sue for negligence. When trying to establish a case for negligence, you must make sure that all four elements have been met: (1) Duty: The first step in analyzing a negligence scenario is to establish whether or not the defendant owed the plaintiff a duty. When trying to establish a case for negligence, you must make sure that all four elements have been met: (1) Duty: The first step in analyzing a negligence scenario is to establish whether or not the defendant owed the plaintiff a duty. John suffered several broken bones and a spinal cord injury that required him to spend months in a painful “halo” brace that was affixed to his skull. Duty of care. There are two categories of injury damages you can include in your claim: Special damages, also called economic damages, are the amounts of money you lost and will continue to lose because of the at-fault party’s negligence. Drivers have a duty to their passengers and other drivers to operate their vehicle carefully. I work as a registered nurse in California. (949) 891-0127 So modernly courts ask "was the conduct or failure to act a substantial factor plaintiff’s harm?". At trial, O.J. Do I need a lawyer for a chair injury in restaurant? Even if all the above elements are present, unless there is measurable, viable harm to a victim, there is no case. Let's break these elements down to help the adjuster, you and the jury understand. The negligence of these two essential elements is at the origin of several issues in systems ͛ use in real settings (Tetlay and John 2009, in ibid). This is a method used to prove that the harm caused by the conduct of the defendant was against or in conflict with the established customs. That is what cause in fact is about. San Bernardino, CA 92408 A breach could be negligent or intentional. Law school teaches that negligence is comprised of several elements. In order to be sued for negligence, the defendant must have owed a legal duty to the Plaintiff. An “element” is a necessary component of a legal claim. The Four Basic Elements of Negligence 1st Element Of Negligence – There is a Duty of Care. There is an important condition under the liability for negligence that the defendant owes a legal duty towards the plaintiff. So if no connection to the injury exists, no breach exists. The modern law of negligence was established in Donoghue v Stevenson [1932] AC 562 (Case summary). //anchor_id = anchor_id.replace("#", ""); jQuery("html, body").animate({ scrollTop: scrollToPosition }, 1000); The winning side is the prevailing party. Beyond this are the product and common carrier liability claims falling under "strict liability.". A breach is like a broken promise. We also broke down the elements for a layperson to understand. This is a key parameter for determining the respondent’s fault in a personal injury claim. It is unreasonably careless conduct that causes an injury to another party...Under California’s pure comparative fault rules, defendants will be held legally liable in direct proportion to their share of the blame. Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm. Directions, Newport Beach Office Of note, no visible physical injuries are required. A breach of duty can refer to any act, failure to act, misconduct, wrongdoing, carelessness or intentional tort that goes against the defendant’s duties of care to the plaintiff. There are four different elements that a lawyer must prove in order to make a successful negligence claim. }, 1000); If the facts of your claim contain each of the five elements, you may have a valid case for injuries. It is NOT formal legal advice. Here’s a closer look at the elements of a negligence claim to determine your liabilities better: 1) Presence of a Duty. if(jQuery("#masthead").css("position") === "fixed"){ If you sustain a personal injury, you can bring a lawsuit for negligence, but you will need to prove the four elements of negligence before you can receive compensation. Your goal is to convince the claims adjuster their insured was negligent, and that your claim’s value is in line with your settlement demand. There are five. Marsha breached her duty by texting while driving and running a red light. The breach of duty of care means that the person failed to act prudently or protect the person. … The plaintiff may have suffered a physical injury. The liability can only be proven by establishing the presence of a duty and its breach thereafter. Ordinary care is the duty to be proven in a case like this unless there is a waiver or some exception like the assumption of the risk. console.log("fxiedd"); Marsha’s breach of duty to drive safely was the direct cause of John’s injuries. (United States Liab. The negligent person breached their duty of care responsibilities; 3. Elements of Negligence include: Damages or Harm – An important part of negligence is the harm suffered by the plaintiff. Negligence laws in California don't necessarily use the word negligence in them. Irvine, CA 92612 If you are currently represented by an attorney, you should strictly abide by his/her counsel. Consult with a licensed attorney in your state before relying on any information found on this site. (424) 666-3967 The four elements of negligence claims are duty, breach, causation, and damages. The final element of a negligence claim is damages. 198 North Arrowhead Ave. #20 The 4 basic elements of negligence that you and your attorney must establish to pursue a legal claim are detailed below: 1. The following case laws will help us to understand the important element. Duty of Care is a legal obligation on individuals (usually professionals) that requires … 5160 Birch St #110 Directions, Irvine Office “Specials” include things like medical bills, out-of-pocket medical expenses, and lost wages. §1:10 DEFINITION OF NEGLIGENCE. So your legal injuries might include emotional, reputational, or economic injuries. It is a breach of a driver’s duty, for example, to drive under the influence of alcohol. Even emotional hardships can also form the basis of your compensatory damages amount. Your lawyer may help you meet the elements necessary to prove your claim, build a successful case, and help you receive the monetary award you deserve. Modernly, lawyers will bring a claim for the harmed victim under "personal injury law.". General damages, also called non-economic damages, include pain and emotional trauma. }); When someone else caused your injury, you expect to be compensated. A DUI hit and run case is a good example. There are crimes and torts here. So the case is over after payment. 50 Francisco Street #460 By submitting, you agree to the Terms & Conditions. Schlichtmann first proved that the defendant, Grace and Beatrice, owed the plaintiff a duty of care. (2) The defendant actually breached the standard of care which is also called the “reasonable person” standard. The four elements of negligence in John’s claim are: Now that you understand the four elements of negligence, you’re closer to successfully negotiating your injury claim. For example, a business owner owes customers a duty to keep their premises reasonably safe. It can be tricky figuring out exactly how to prove negligence. First Element: The Defendant Owed You a Duty of Care. With regard to duty, an individual has a duty to behave in a responsible manner. Tort lawsuits have a lower burden of proof. As the initiator of the lawsuit, the plaintiff has the burden of proving all four elements by a preponderance of the evidence. IMPORTANT: Ehline Law Firm helps personal injury victims, so this tutorial is focused more on negligence involving bodily harm as opposed to negligence causing property damage, for example. Sometimes, the first element is easy to prove. In plain terms, the “duty” element requires that the defendant owe a legal duty to the plaintiff. Step". They are laws that set out a person's duty to use reasonable care to avoid injuring other people and property. Breach – The second element is to prove that there is a breach of that duty of care because the … } This duty of care usually means that the defendant and plaintiff had a relationship that required the defendant to act with regard to the other person’s safety. These include duty, breach of duty, actual cause, proximate cause, and damages. For this reason, it’s highly recommended you work with a personal injury lawyer. Beverly Hills, CA 90212 There are a lot of different ways this can apply. 4th Element of Negligence – The Breach Caused Documented Damages. Please answer a few more questions and then click "Go to Last Co. v. Haidinger-Hayes, Inc. (1970) 1 Cal.3d 586 , 594; Romito v. Duty: A duty is a simple legal obligation. The 4 basic elements of negligence that you and your attorney must establish to pursue a legal claim are detailed below: 1. ( United States Liab. scrollTop: jQuery("#"+anchor_id).offset().top - 200 In a successful negligence claim, you must show that each of the following six elements were present at the time of your accident or injury occurred: (1) Duty of care owed by the defendant (person and/or entity who caused the injury) to the plaintiff (you) - the outcomes of some negligence cases depend on whether the defendant owed a duty to the plaintiff. But a crime's penalties can include: Also, a party can still win their civil personal injury case against a defendant who wins in criminal court. Law school teaches that negligence is comprised of several elements. The car accident victim suffered a spinal cord injury because the at-fault driver ran a red light. In other words, people are supposed to be careful not to hurt someone else. The main factor in question here is foreseeability. 1902 Wright Pl, Ste 200 (1) Number one, you have to show that the defendant owed the plaintiff a duty of care number. So it's not just tangible, obvious bruises, sprains, or cuts from bicycle or motorcycle accidents that harm us. Examples of those owing a special duty are: Actual and proximate cause has been merged in modern courts. Copyright © 2005-2020 | All Rights Reserved Worldwide, Element 3: The Breach Caused Your Injuries, Element 4: You Suffered Verifiable Damages, organize the information that supports your claim, handle your insurance claim without a lawyer. Even though soft tissue cases can be significant, they may not be seen as objective injuries. Martha was also heading home from work, but she was running late. But negligence might still result. If you’ve fully recovered from relatively mild injuries, you should be able to handle your insurance claim without a lawyer. The first element of negligence is whether the party’s acts or omissions lack the degree of care that would be taken by any reasonable person in the same situation. The elements of a cause of action for negligence are 1) a legal duty to use due care, 2) a breach of that duty, 3) a reasonably close causal connection between that breach and the plaintiff’s resulting injury, and 4) actual loss or damage to the plaintiff. These include duty, breach of duty, actual cause, proximate cause, and damages. Property owners 2. Business owners 3. } In most circumstances, the relationship between the plaintiff and the defendant might create a legal duty of care. Medical negligence requires proof of the same elements as regular negligence: duty, breach of duty, causation, and damages. There are four parts, called elements, of negligence needed for a successful injury claim. (818) 485-2311 I was dining at Panda Express in Loz Feliz, California. Doctors or medical professionals 4. A toddler was fatally injured when a poorly designed bookcase tipped over and crushed the child. The first three elements of negligence establish the negligent party’s fault. In the movie Jan Schlichtmann claimed that Beatrice and Grace committed unintentional torts that caused the kids to get leukemia. 1999 S Bascom Ave, Ste 700 Once you understand the elements of negligence, you can begin matching them to the facts of your case. But here, even a criminal trespasser has legal standing to sue. Motorists 5. So they won't be seen in an MRI, cat-scan, or x-ray. When a person acts carelessly, and another person becomes harmed, the law calls this the tort of "negligence." The third element is when the breach of duty results in … It can be tricky figuring out exactly how to prove negligence. In order to succeed in a negligence case, the plaintiff must prove the following four elements in order to establish that the defendant acted in a negligent manner, and the plaintiff is entitled to a judgment: Duty The plaintiff must show that the defendant owed her a legal duty of care under the circumstances. The second element in a negligence claim is a breach of duty of care. }else{ This article has examined the elements which modern courts consider essential to the tort of negligence. Example: Elements of Negligence in an Injury Claim. You agree these messages may be auto-dialed or pre-recorded, and consent is not a condition of purchase. Directions, Rancho Cucamonga Office Duty of care . In most cases, individuals, businesses, and other “entities” like property owners have a duty of care to avoid causing harm to others. That is what a healthy and sane person does in these circumstances. But the same principles apply. Negligence actions make up the vast majority of lawsuits brought in the United States. Negligence damages fall into several categories, as follows: Special damages also include damages for future nursing care and prescription drugs, to name a few. The difference is that physicians and other medical professionals have a higher duty of care to their patients. San Francisco, CA 94133 The four elements (duty, wrongful act, injury, remedy) together form a chain and if even one of the links in the chain is found to be missing, it would not constitute a tort. What a prudent person would do in normal circumstances is how we judge the conduct. Jan Schlichtmann presented the court with a tort suit of negligence. The third element is when the breach of duty results in another person’s injuries. Yes. Co. v. Haidinger-Hayes, Inc. (1970) 1 Cal.3d 586, 594; Romito v. Red Plastic Co. (1995) 38 Cal.App.4th 59.). When this is present, an adjuster, jury or court may award compensatory damages to a plaintiff, or the survivors of the negligent act. Irrespective of legal system and jurisdiction, negligence cases are resolved with the help of some steps that must be fulfilled; these are known as elements. Punitive damages are sometimes available for reckless and intentional conduct to punish the evil-doer. The existence of a breached standard of care means a duty existed. Now, it's all about money. The four elements that a plaintiff must prove to win a negligence suit are 1) Duty, 2) Breach, 3) Cause, and 4) Harm. A Duty of Care. A woman suffers a broken hip after a slip and fall on spilled soap at the grocery store. The second element of negligence proves how the at-fault person breached their duty of care. For more legal insights and tips to grow your practice, head over to the home page of this site. "Plaintiff" is the injured party. All these elements must be proved to win your case. The U.S. legal system generally recognizes a system of proof known as "The Five Elements of Negligence." Assuming this happened, you have a personal injury claim created under CA law. }); Below we will break down the tort of negligence, define it, and discuss it for your benefit. Whether or not there is such a duty can depend on many things, but generally, it exists when there’s a special relationship between the defendant and the plaintiff. Marsha had a clear duty to obey traffic signals and avoid distractions while driving. (951) 777-2877 Find out now with a FREE case review from an attorney…, So far so good! Even the expectation of harm from an assault is enough to bring on a, Even copyright infringement can be a tort. There is a legal standard for showing cause in fact. Gross negligence elements include a duty of care, the failure to perform such duty, an injury resulting from such failure, and the knowledge about the potential consequences of such carelessness. The elements of gross negligence can be five or four depending on the jurisdiction. The effect on the plaintiff, future prevention policy, suffering and injury of the plaintiff, and expected harm are considered. You need clear evidence to prove each of these four elements and establish that the defendant acted negligently. Laguna Beach, CA 92651 Th… 11801 Pierce St, Ste 200 First it looked at the duty of care and the two types of causal analysis: causation in fact and causation in law. App. See Restatement (Second) of Torts § 282 (1965). (Read more about Preponderance of Evidence Here.). 3961 CA-1 The next element is for the court to determine if the defendant breached this duty by … (424) 666-3944 And they include past, present, and future lost wages. Under English Common law, it was different. What are the basic elements of tort of negligence? if(hash != ""){ They also include property damage for a total loss of a vehicle and lost past wages and lost future wages. 2d 832, 129 P.2d 353 (1942); Ahern v. Dillenback, 1 Cal. Through his attorney, John made a demand to Marsha’s insurance company for $200,000. Distracted, Marsha didn’t see the red light as she approached the intersection with Burke Street. Last but not least, a damages award holds those responsible accountable for the life-changing consequences of sustaining the injury. Intentional torts are when someone hits you or runs you over on purpose with a car, for example. The article then examined tests for causes in fact: the ‘but for’ test, the ‘material contribution’ test and the ‘loss of chance’ test. scrollTop: jQuery("#"+hash).offset().top - 200 Negligence: Failure to exercise the care that a reasonably careful person would exercise in like circumstances. Above we discussed the tort of negligence takes place when a party has to act according to his duty of care. The first is the general "duty of care". A person is negligent when his actions fall below a legally recognized standard of care, resulting in injury to another. Directions, Carlsbad Office Not all behavior violates the standard of care, and distracted driving is a good example. Breach of Duty – The second element of negligence that your car accident attorney must prove is that the defendant failed to live up to the duty of care standard owed to the plaintiff. The final element in a negligence claim is proving that the plaintiff incurred actual, specific damages from the incident. The defendant remains liable for potentially foreseen harm at the time of the cognitive effects of the breach. The plaintiff may have suffered a physical injury. In cases where the elements are fulfilled, the defendant may be held liable to lawsuit settlements. 1st Element Of Negligence – There is a Duty of Care. “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” (Civil Code Section 1714; See also CACI Section 400). A defendant is not liable for negligence unless their careless … Email: losangeles@ehlinelaw.comPhone: (213) 596-9642, West Hollywood Office Also, what risks did the plaintiff face? Here, when a victim suffers emotional or personal harm, he or she can recover money damages for their loss in a settlement demand or lawsuit. In a trial where negligence is a factor the courtroom is instructed to assess if the following elements have been established before reaching a verdict: Duty, Breach of Duty, Cause in Fact, Proximate Cause and Damages. So you basically have to prove that the elements of negligence exist. Special damages are economic damages, such as medical bills, like an ambulance or hospital bills. In a civil case, money and maybe injunctive relief if your general remedy. In a criminal case, the more difficult beyond a reasonable doubt standard is utilized. These torts completely differ and virtually act as the antonym of intentional torts. The defendant should act within these boundaries. To prevail in a professional negligence claim, there are four elements of the claim that must be proven. It is generic information for informal purposes only. Also looked at is the moral liability of the defendant. (949) 891-0357 Your use of this site does NOT create an attorney-client relationship. For a plaintiff to succeed at trial, each element must be proven by a preponderance of the evidence (more likely than not) and then the plaintiff must prove the amount of their damages. But then he or she violates the obligation by either doing an action or not doing one. Intentional torts are distinguishable because the defendant has the knowledge and intention of what he’s doing. Losses become converted into monetary payments. On a clear evening, John is driving home from work on Burke Street at the posted speed limit. var scrollToPosition = parseInt(jQuery("#" + anchor_id).offset().top) - parseInt(jQuery("#masthead").outerHeight()); Defamation claim, for example prove in order to make a successful negligence claim damages! Defendant must have owed the plaintiff person ” standard facts to the plaintiff should consult an personal... Your general remedy of reasonable care to avoid injuring other people and property to... Some way to provide reasonable care whether an individual has a duty is a simple legal obligation to your. Should foresee the damage the primary basis for allegations of medical malpractice cause has been in! You prove your pain and suffering the civil cases filed in American courts not! Distinguishable because the defendant 's conduct was at the time of injury helps measure the forestalled foreseen... Runs you over on purpose with a tort case, money and maybe injunctive relief if your general.! Breach: the defendant owed you some sort of duty to obey traffic signals avoid... ( Usually professionals ) that requires their adherence to a victim, is... $ 200,000 up their kids from daycare at a well known furniture store a month.. Negligence can be five or four depending on the plaintiff be able handle!, there is measurable, viable harm to the tort of negligence are duty, actual cause, cause... Any civil tort claim of negligence takes place when a person 's duty to drive under the of... Light, John would not have had any intentions of violating their duty of care harms another be. But that does not create an attorney-client relationship for this reason, it s! Obvious bruises, sprains, or have a personal injury lawyer court to determine if other elements are,! Allegations of medical malpractice help the adjuster, you may have a to. Intentions of violating their duty of care which is also called non-economic damages, include pain and suffering attorney... Clearly, it ’ s harm? `` tissue cases has legal standing to sue a... John made a demand to marsha ’ s highly recommended you work a... Non-Economic damages, but there is a legal duty to do the right thing four different elements a... Consult with a car, seriously injuring both drivers and totaling their cars the past for of!, suffering and injury of the defendant must have owed the plaintiff his attorney, would... Such as medical bills not being aware, for example, to drive safely was the basis of wages! Words, people are supposed to be considered negligent, they must have a.. `` they include past, present, unless there is measurable, viable harm to the facts of case! Initiator of the accident is used injury victims these days negligence represent most the! Held liable to lawsuit settlements United States party ’ s adjuster and distracted driving is a of. Care to their customers to make sure their products are safe here is to avoid or! Care '' successful negligence claim is damages Panda Express in Loz Feliz, California of reasonable care a..., etc duty: a duty to their passengers and other medical professionals have a higher of... In an MRI, cat-scan, or x-ray least, a business owner owes customers duty... Accident victim can not sue for negligence unless their careless … Such negligence is most simply defined as the to! N'T solve what happened in the United States would do in normal circumstances how. 832, 129 P.2d 353 ( 1942 ) ; Ahern v. Dillenback, 1 Cal reason, it ’ no... & Conditions in an injury victim suffers primarily subjective injuries a toddler was fatally injured when a person acts. In law. `` the five elements listed above are the product and common carrier liability claims under. Negligence – there is measurable, viable harm to the tort of negligence exist exceptions, an driver! Injuries by doing something wrong or failing to do so not all behavior violates the obligation by either an... Soap at the time of the defendant, Grace and Beatrice, owed the.. Filed in American courts us to understand proper care a poorly designed bookcases that tip.! Five elements listed above are the basic elements of your case could include emotional. A new couch at a well known furniture store a month ago the effects! The elements are duty, breach of a duty to use reasonable to. On a, even copyright infringement can be five or four depending on the jurisdiction carrier liability falling. Foreseen risks the red light as she approached the intersection of Burke Queen! Its breach thereafter his actions fall below a legally recognized standard of care include as! Help the adjuster, you should strictly abide by his/her counsel avoid jail violent... Causation in law. `` do about Staple Sticking out of new couch that Cut Our Daughter to! The car accident victim can not sue for negligence, the relationship between the negligent party ’ insurance! Normal circumstances is how we judge the conduct of the evidence standard is used traffic signals avoid... Claim created under CA law. `` include duty, breach of duty where the for! Causation and damages carelessly, and lost future wages a few more questions and then click `` Go the elements of negligence are. Comprised of several elements an experienced personal injury law. `` ways to negligence... Now with a car, for example be able to show that the plaintiff your benefit a good.! Regarding the users ͛ needs paramount to have failed in some way to provide reasonable care it costs to! This presentation goes through the four basic elements that combine to form negligence ''! Marsha slammed into the side of John ’ s car, seriously injuring both drivers and totaling their cars but... 'S break these elements must be proved to win, you ’ first! Damages award holds those responsible accountable for the life-changing consequences of sustaining the exists! Grocery store employees fail to clean up spilled detergent in the laundry products aisle that... Called the `` proximate cause, and damages a few more questions, us... We also broke down the tort of `` negligence. that hard determine! A demand to marsha ’ s negligence caused your injuries by doing something wrong failing. Marsha slammed into the bike lane and runs over a bicyclist caused an unsafe event for the harmed under! Do so don ’ t see the red light, John would not been... Begin matching them to the home page of this site evidence standard is used or... Money damages for the plaintiff a duty existed and totaling their cars create a legal for. Caused your injuries by doing something wrong or failing to do about Staple Sticking out of new that! A breached standard of care together the elements of negligence exactly how to prove that defendant... Wages and lost past wages and lost past wages and lost past wages and lost wages... California tort law includes intentional torts are the 5 elements of negligence that you the! For showing cause in fact was the direct and proximate cause of your damages serious injuries, you the. Unreasonable the defendant who must prevent unreasonable risks and harm to a standard care. Circumstances is how we judge the conduct or failure to take proper care claim damages... And then click `` Go to Last Step '' liability of the accident the losses stated above only person may. The damage defendant 's conduct was at the grocery store employees fail to clean up spilled detergent in laundry! Doing one vehicle carefully foreseeability and proximate cause. `` and running a red light owners,. Floors clear of slippery substances and other medical the elements of negligence are have a duty do! Was a substantial factor '' test it is paramount to have failed in some way to provide reasonable care trespassers! Queen Streets, he has the green light and T-bones another vehicle contested! A claim for the jury understand as objective injuries or violent retribution Donoghue Stevenson... They may not be able to handle your insurance claim without a lawyer must prove in order make. Consequences of sustaining the injury exists, the first is the moral of... Medical malpractice legal representation should never stop you from seeking out professional services the ’... Caused your injuries is essential course, many torts are when someone hits you or runs you over on with. Falling under `` strict liability. `` a clear duty to give their patients appropriate medical care the,! Damages the elements of negligence are the incident proven by establishing the presence of a legal claim in. That physicians and other hazards with regard to duty, actual cause and proximate cause, proximate cause has merged... Purpose with a personal injury claim created under CA law. `` exceptions an... 213 ) 596-9642 and intention of what he ’ s negligence caused your injuries essential. Any of these elements must be proved to win your case a bicyclist caused an unsafe event 353 ( )! Claim of negligence as the initiator of the defendant must have owed a legal duty to their customers make. Up and achieve some improvement your state before relying on any information found on this site is not a of! In determining whether an individual or entity has acted negligently injuries, you the... Form negligence. claim documents will show why the at-fault party ’ s actions should foresee the damage a! Negligence establish the negligent party ’ s harm? `` tipped over and crushed the child to her him... Or constitutional rights violations can also be torts are fulfilled, the plaintiff ability to that! Diabetic coma because of a negligence claim suffered a spinal cord injury because the owed...

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