When a personal injury accident occurs in Buffalo, there are several things that the injured person must be able to prove to successfully sue. One of those things is that the actions of the party being sued were a “proximate cause” of the injuries suffered.
An act, or failure to act, may be considered a proximate cause of an injury if it was a substantial factor in bringing about the injury. The standard often used when a judge or jury considers this issue is whether a “reasonable person” would consider the act a cause of the injury. If the judge or jury believes a reasonable person would reach this conclusion, then they must find that the act was a proximate cause of the injury.
Just because an act is found to be a proximate cause of an injury, it does not have to be the only cause. More than one act can be found to have been a cause of an accident. The injured party, however, must be able to prove what acts caused an accident. He or she cannot, for example, sue after having slipped and fallen at a specific location without being able to establish what caused the slip.
If you have been involved in a personal injury accident and have any questions, please feel free to call my office at 716-542-5444. We would be happy to help you.
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