Tuesday, September 10, 2013

Liability for all Injuries Flowing From Negligence

To show negligence, a plaintiff has to present evidence of duty, breach of duty, causation, and damages. Huynh v. Phillips, 95 So.3d 1259, 1262 (¶9) (Miss. 2012).  An issue comes up at times of what injuries is the Defendant liable for?   The answer seems to be all injuries that are foreseeable.  An issue I am currently working on involves the negligence of a defendant and potential medical malpractice resulting from treatment of the injuries.  There is very limited law in Mississippi on this issue.  Other jurisdictions have held that the original defendant may be liable for the third party malpractice since the injuries are foreseeable but the defendant may have the ability to file a claim for offset against the third party defendant. 

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