{"id":352957,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/negligence.html"},"modified":"2025-10-01T12:21:00","modified_gmt":"2025-10-01T17:21:00","slug":"negligence","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/negligence.html","title":{"rendered":"Negligence in Injury Law"},"content":{"rendered":"\n
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Negligence in Injury Law<\/h1>\n\n
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\n By Ty McDuffey, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Negligence is a term used in personal injury law. The tort of negligence describes a failure to act as a reasonable person would in certain situations. The negligent party acts in a careless or reckless manner, which causes the injury or death.<\/p>\n\n <\/div>\n\n\n\n

The concept of negligence is important for anyone considering a car accident claim or another type of injury case. If you can prove that someone’s negligence caused your losses, the law may hold them accountable for the damages you suffered as a result.<\/p>\n

This article provides an overview of negligence law and personal injury claims. You may need advice for your specific case. Find a personal injury lawyer<\/a> in your area for help. They can explain your rights and how to get started.<\/p>\n

An Overview of Negligence<\/b><\/h2>\n

The law requires individuals to conduct themselves as a reasonable person under the same circumstances. This is known as the \u201creasonable person standard<\/a>.\u201d If a person or party fails to live up to that standard, they risk being subject to a negligence claim.<\/p>\n

For example, a surgeon who leaves a sponge inside a patient likely failed to exercise the same care as a reasonable surgeon. The standard of care differs for a fellow surgeon than for an average person. The patient could then file a medical malpractice suit, which is a type of personal injury lawsuit.\u00a0<\/p>\n

To prove that a defendant was negligent, a plaintiff must show that the elements of negligence<\/a> exist in their case. The elements of negligence are:<\/p>\n