Let's say the plaintiff (A) is filing a lawsuit against B. B breached a duty of care for one of his customers, which happens to be a relative of A. Let's call that relative C; and C ends up in hospital because of some rather serious injuries - which then results in a coma.
A is unsure if liability of negligence applies to his case since B did not owe A a duty of care, but to C.
Yet, since C isn't the plaintiff and cannot file the lawsuit because of his current vegetative state, would A still be eligible to say B enacted negligence in A's lawsuit?
I have personally heard that liability for negligence only works if the plaintiff is owed the duty of care; never have I heard that when the plaintiff representing someone else.
Negligence requires four elements, duty, breach, cause and harm in its most basic fundamental analysis. This is a marketing and informational website. My recommendation is to take this out of the hypothetical and to consult with an attorney. I do not believe duty is the issue here, but rather authority.
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It is impossible to answer based on this hypothetical. You should consult with a reputable personal injury attorney. In Ohio, a probate court can appoint a guardian over somebody who is not competent (i.e. in a chronic vegitative state) to act on the incompetent person's behalf.
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