Can I sue a city jail if I contracted a staph infection while incarcerated there?.

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Can I sue a city jail if I contracted a staph infection while incarcerated there?.

What type of lawyer do I need for this case?

Asked on June 9, 2013 under Personal Injury, Alabama


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It would be advisable to speak with a personal injury attorney.

You can sue the jail for negligence, but you have the burden of proving negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable jail would have exercised under the same or similar circumstances to prevent foreseeable harm).

In order to prove negligence, you will have to prove duty (of due care mentioned above), breach of duty (failure to exercise due care), actual cause, proximate cause and damages.

Actual cause means but for the jail would you have gotten the staph infection?  If the answer is no, actual cause has been established.

Proximate cause means are there any unforeseeable intervening acts which would relieve the jail of liability?  If the answer is no, proximate cause has been established.

Damages means the amount of monetary compensation you are seeking in your lawsuit for negligence. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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