Q: I was at Disney Land and a woman in a scooter ran over my foot.
Am I able to sue her for my injuries if she didn't do it on purpose?
A: Every person in California has a duty to use reasonable care to prevent harm to others. The failure to use reasonable care is negligence. In answer to your question, yes you can pursue a negligence claim against the person who ran over your foot if that person failed to use reasonable care. Actual intent is not required.
A: The short answer is yes, you may. Every person has a duty of care to not cause harm to others. For a plaintiff in an injury case, demonstrating a breach of care requires showing that actions taken or not taken by the defendant failed to meet the required level of reasonable care under the circumstances. But what exactly is the appropriate standard of care in a given situation, or in different types of personal injury cases? It depends on the facts of each individual cases.
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