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Stuck Between A Collapsed Wall And A Hard Place: The Failure To Establish The “Standard Of Care” In A Negligence Claim

Overview | Publications/ Whitepapers | Subrogation & Recovery | Scott Katz, Aaron Jacobs | Related | Print | Share

Scott Katz

Partner & General Counsel | Appellate, Extra-Contractual, First-Party Coverage, Subrogation & Recovery
813-281-1900
skatz@butler.legal

Aaron Jacobs

Partner | Subrogation & Recovery
813-594-5130 
ajacobs@butler.legal

May 1, 2013

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring Summer, 2013. © Copyright 2013 by NASP. All rights reserved. Republished by Butler with permission from NASP.

Generally, “to establish a claim for negligence, a plaintiff must show: (1) the defendant had a legal duty to conform to a certain standard of conduct; (2) the defendant breached that duty; and (3) the plaintiff sustained damage that was proximately caused by the defendant’s breach.”

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