Known Harm

What Is Known Harm?

Known harm refers to injuries or damages that a party is aware of but fails to mitigate, disclose, or prevent. In personal injury cases, known harm can indicate negligence, as it shows a failure to act despite awareness of risks or consequences.

For example, a company may be aware that its product causes allergic reactions but continues to market it without proper warnings. Similarly, an employer might know about hazardous working conditions and fail to make necessary changes.

Why Is Known Harm Important?

Known harm is important because it demonstrates a clear breach of duty, making it easier to establish liability in personal injury cases. Victims of injuries resulting from known harm are often entitled to compensation for medical expenses, lost wages, and pain and suffering.

Addressing known harm also serves as a deterrent, encouraging individuals and organizations to take responsibility for risks and avoid preventable injuries.

Additional Considerations

When addressing known harm in personal injury claims:

• Evidence: Document the responsible party’s knowledge of the harm, such as internal reports or prior complaints.
• Gross Negligence: Determine whether the inaction constitutes reckless disregard for safety.
• Damages: Assess the extent of the harm and its impact on the victim’s life.

Known harm underscores the importance of accountability and proactive measures to ensure safety.

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