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

Answers:

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

Answered 8 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. 

 


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