20-year-old Cara Munn filed a lawsuit against a private school in Lakeville called Hotchkiss. Munn attended the school in 2007 when she was a 15-year-old ninth grader and in 2007, she went on a school-supervised trip to China. While on this trip with her school, Munn contracted a tick-borne illness, called encephalitis. The illness left her brain damaged and unable to speak.
Munn alleges that the school is at fault for her illness. According to her attorney, “the school failed to ensure that the students take any precautions against ticks and allowed them to walk through a densely wooded area known to be a risk area for tick-borne encephalitis and other tick- and insect-transmitted illnesses.”
Seems to me that the school acted negligently by failing to warn Munn of the risk of contracting the disease. However, the school’s defense was that the “tick-borne encephalitis is such a rare disease that it could not have foreseen a risk and could not be expected to warn Munn or require her to use protection against it.”
My heart goes out to Munn and her family. On a brighter note, the federal jury ruled in Munn’s favor and awarded her $41.7 million.
What is Negligence?
Negligence is considered a civil offense or a tort. If you’ve been harmed by someone else’s negligence, you should consult with a personal injury attorney to discuss your case.
In order to prevail in a case for negligence, the plaintiff must be able to prove the 4 elements of negligence. (1) Duty owed by the defendant, (2) breach of that duty of care, (3) the damage to the plaintiff was caused by the defendant, and (4) plaintiff was damaged. When a defendant fails to meet the standard of care as required by law, and the plaintiff is harmed by the defendant’s negligence, a civil litigation lawyer can help the plaintiff recover those damages.
What to Do if You Have Been Injured By Another’s Negligence?
If you or a loved one has been injured as a result of another person’s negligence, you may be entitled to compensation for the damages incurred due to your injury. You can find experienced attorneys by searching under practice area within your state.
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