What is Negligence?
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Understanding Negligence
To prove negligence, a plaintiff must establish four elements: duty of care, breach of duty, causation, and damages. Negligence is the foundation of most personal injury lawsuits.
Examples
- 1A driver texting while driving who causes an accident
- 2A property owner who fails to fix a known hazard
- 3A doctor who fails to follow standard medical procedures
Related Terms
Damages
Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.
Personal Injury
A legal term for an injury to the body, mind, or emotions, as opposed to damage to property. Personal injury claims are typically brought in civil court to recover compensation for harm caused by another party's negligence or intentional misconduct.
Liability
Legal responsibility for one's actions or omissions. When a person or entity is found liable, they are legally obligated to compensate the injured party for their losses.
Tort
A civil wrong that causes harm to another person, for which the law provides a remedy. Torts can be intentional, negligent, or based on strict liability.
Comparative Negligence
A legal doctrine that allows damages to be apportioned based on each party's degree of fault. The plaintiff's recovery may be reduced by their percentage of fault.
Help Your Clients Understand Their Case
Quilia makes it easy to communicate complex legal concepts to your clients.