If a broker’s wrongdoing will not support a claim for fraud — for example, if it was not intentional — it could still give rise to a claim for negligence. Under the law, negligence is a failure to exercise the standard of care that a reasonably prudent person would exercise in similar circumstances. In the broadest terms, negligence can be thought of a “carelessness.”
To prevail on a legal claim for negligence, you generally must prove the following three elements:
- Your broker owed you a duty of care, which obligated him (her) to act in a certain way to protect you against unreasonable risks;
- Your broker breached his (her) duty of care; and
- Your broker’s breach of his (her) duty of care caused your damages.
If you think you might be the victim of broker wrongdoing that amounts to negligence, contact Jacobson Law P.A. to discuss the specific facts of your case.