What was the negligent act or choice to omit?
This is where you explain why you are suing the defendant. A driver chooses not to keep his eyes on the road. A contractor chooses not to sand or salt the roadway. A municipality chooses to leave a gap in a protective barrier. Do not say the defendant failed to do something as jurors may forgive failures. Turn the omission into an affirmative act. If the act is not admitted then say how it is known. Refer to a witness seeing it or the opinion of an expert that it happened that way. 2. What is wrong with the negligent act? How does it foreseeably cause harm? Tell the jury who or what says that the act is wrong. It may be a breach of a statute or the common law. If you rely on expert evidence then you must provide the jury with a brief explanation of how your expert arrived at his opinion. It may be an authoritative text or journal or it may be a departure from generally accepted standards in a profession or industry. What should the defendant have done instead? What good would that have
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