A wild dance routine at an office party turned sour when a woman was dropped on her head. Now the woman, Lacey Hindman, who is alleging skull and brain injuries is suing her dance partner, David Prange, for negligence. CNN.com’s Law Center has the details.
Negligence is defined as the breach of a duty owed to another, which results in the causing of damages. A person is liable for another’s injuries if the negligence causes the injuries.
One of the initial questions to determine in this case is whether Prange owed Hindman a duty. Hindman will argue that she and Prange both agreed to dance, and that as a result, Prange owed Hindman a duty to dance in a reasonable manner. If the jury believes this to be true, then Hindman will also have to prove that Prange’s throw and/or failure to catch Hindman was a breach of that duty.
Finally, Hindman will have to prove that the throw and/or failure to catch Hindman caused Hindman to suffer injuries. If Hindman can prove these elements by a preponderance of the evidence, then she may recover monetary damages from Prange.
Prange on the other hand will probably argue that Hindman contributed to her own injuries by not performing the dance routine properly, or that the accident was not Prange’s fault at all. Either way, in the end, it will be up to the jury to decide who is liable for the damages, if any.