What is Foreseeability?
The law doesn’t exist in a vacuum. It depends on the actions of an individual causing harm to another, as well as a link between the negligent action and harm which must be quantified and evidence provided if one is to successfully file an Indiana personal injury lawsuit and win.
What is Legal Foreseeability?
Foreseeability is a legal theory which attempts to place some kind of duty of care on someone’s actions. It basically states that someone is responsible for causing another person’s injuries if they were aware that their actions may have detrimental effects, did not change these actions or make the necessary adjustments, as well as causation between their action and the injury. Foreseeability can be cut and dry, especially when you are dealing with Indiana medical malpractice lawsuits as well as injuries caused by firemen on duty, but for the most part, your Indiana injury attorney must show a causal link between various constructs in order to win your case on your behalf.
If, for example, your neighbor left their dog unleashed who then jumped over the fence and then went on to bite your kid who was innocently playing on your lawn, it’s possible to claim that your neighbor’s action of not putting their dog on a leash led to it biting your kid who then suffered an injury by way of a dog bite.
However, the theory of foreseeability is rendered null if the dog crossed the road out of the blue, leading to a delivery guy swerving their truck to avoid a collision (let’s assume this delivery guy was exhausted due to overwork and was probably distracted, making calls or sending texts while driving), causing the truck to ram into your yard and hitting your child. The action of the truck driver cannot be tied back to your neighbor per se, meaning you can’t file an Indiana injury lawsuit mentioning your neighbor as the primary defendant in the case.
Lastly, it is important to note that one cannot sue using the defense of foreseeability when it comes to things like acts of God (for example lighting strikes leading to wildfires, or floods), as well as the criminal acts of a third party such as in the case of a burglary.
Indiana Injury Lawyer Help
In order to win a case founded on foreseeability, it is important to work with a good Indiana injury attorney. Please call us today on 877-561-3004 for more information as well as your free legal consultation. Thanks for choosing us, and we look forward to hearing from you.