{"id":352970,"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\/proving-fault-what-is-negligence.html"},"modified":"2024-12-03T19:20:00","modified_gmt":"2024-12-04T00:20:00","slug":"proving-fault-what-is-negligence","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/proving-fault-what-is-negligence.html","title":{"rendered":"What Are the Elements of Negligence?"},"content":{"rendered":"\n
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What Are the Elements of Negligence?<\/h1>\n\n
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\n By Lark Lewis, 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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Key Takeaways<\/h2>\n

The elements of a negligence claim include duty, breach of duty, causation, and damages.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Negligence occurs when one person fails to exercise the care we expect of an ordinary or reasonable person in that situation. This includes protecting others from reasonable and foreseeable harm. Like other crimes and torts, there are several elements you need to prove to succeed in your negligence claim.<\/p>\n

This article explains the elements of a negligence<\/a> case and what an injured party must prove to win a claim. Though the article will illustrate these elements in a car accident case, they apply to many other types of injury claims<\/a>. A personal injury lawyer<\/a> can review your case to explain how each part of negligence law may apply in your situation.<\/p>\n

Duty of Care<\/b><\/h2>\n

The outcome of a negligence case depends on whether the defendant owed a duty of care<\/a> to the injured party or the plaintiff. A duty arises when the law recognizes a relationship between the defendant and the plaintiff, requiring the defendant to act in a certain manner. A judge ordinarily determines whether a defendant owes a duty of care to a plaintiff.<\/p>\n

In a personal injury case involving a motor vehicle, every driver has a duty to follow traffic laws to avoid accidents and keep others safe. For instance, motorists are expected to obey traffic signals such as a red light. If a driver fails to stop at a red light, they have not adhered to their duty of care.<\/p>\n

In this example, the at-fault driver had a duty to stop at a red light<\/a> as per traffic laws, which shows regard for other motorists and pedestrians. However, the responsibilities in the aftermath of a traffic accident don’t stop at the driver’s actions alone.<\/p>\n

Breach of Duty of Care<\/b><\/h2>\n

It’s not enough for a person to prove that another person owes them a duty. A personal injury lawyer must also prove that the negligent party breached their duty<\/a> to the injured party.<\/p>\n

A defendant breaches such a duty by failing to exercise reasonable care<\/a>. The issue of whether a defendant breached a duty of care is decided by a jury as a question of fact.<\/p>\n

In the example above, the at-fault driver did not stop at the red light, breaching the duty of care owed to other road users.<\/p>\n

Causation<\/h2>\n

The next element is causation. Negligence claims require you, as the plaintiff, to establish a clear link between the defendant’s breach and the harm you suffered. The two legal theories that can help show causation are cause-in-fact and proximate cause.<\/p>\n

Cause-in-Fact<\/h3>\n

Under the traditional rules of legal duty in negligence cases, a plaintiff must prove that the defendant’s actions were the actual cause of the plaintiff’s injury<\/a>. This is often referred to as “but-for” causation, meaning that, but for the defendant’s actions, the plaintiff’s injury would not have occurred.<\/p>\n

For example, say that the at-fault driver running the red light led to a rear-end collision with another vehicle. The rear-end collision is a direct result of the at-fault driver’s actions. Any injuries sustained by the victim can be attributed to the accident. If the victim has medical records that prove they needed medical treatment because of the accident, this further solidifies the case.<\/p>\n

Proximate Cause of Harm<\/h3>\n

Proximate cause<\/a> relates to the scope of a defendant’s responsibility in a negligence case. A defendant in a negligence case is only responsible for those harms that the defendant could have reasonably foreseen through their actions. If a defendant has caused damages that are outside of the scope of the risks that the defendant could have foreseen<\/a>, then the plaintiff cannot prove that the defendant’s actions were the proximate cause of the plaintiff’s damages.<\/p>\n

In our example above, it’s foreseeable that running a red light could result in an accident. Therefore, the at-fault driver<\/a> should have been aware that their actions could cause harm. The victim’s medical expenses are a direct, reasonably foreseeable result of the accident caused by the at-fault driver’s actions. Thus, the proximate cause of the plaintiff’s injuries is established.<\/p>\n

Damages<\/b><\/h2>\n

A plaintiff in a negligence case must prove a legally recognized harm<\/a>, usually in the form of physical injury to a person or property damage, like a car in a car accident.<\/p>\n

It’s not enough that the defendant failed to exercise reasonable care. The failure to exercise reasonable care must result in actual damages<\/a> to a person to whom the defendant owed a duty of care.<\/p>\n

In our example, after the accident, the victim required medical treatment for their injuries, had to take time off work, and experienced pain and suffering. All these factors contributed to their damages. Their vehicle was also damaged, requiring repairs or replacement. The medical expenses, coupled with the loss of income and vehicle repairs, satisfy the damages element in the negligence claim.<\/p>\n

Get Legal Help for an Injury Claim<\/b><\/h2>\n

You must bring a personal injury claim to court within the appropriate time frame, or the statute of limitations<\/a> will bar it. That’s why it’s wise to begin discussing your legal options as soon as possible after an accident.<\/p>\n

You can get advice from a lawyer who specializes in the type of case you have. For example, if you or a loved one has suffered an injury from an auto accident, you should speak to an attorney specializing in car accident cases. Accident victims can get started today by finding a local personal injury attorney<\/a>.<\/p>\n

You don’t need to research your legal rights on your own. A lawyer will understand the personal injury laws relating to your case. They can provide strong legal advice tailored to your specific circumstances, such as in a car accident claim. Many personal injury law firms offer free consultations, so you can get a better understanding of your case before you decide whether to proceed.<\/p>\n\n\n

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