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How does the legal concept of “negligence” apply in civil cases?​

In civil cases, the legal concept of “Negligence” refers to a failure to exercise the level of care that a reasonable person would in similar circumstances, leading to harm or injury to another party. 

To establish a claim of Negligence, four essential elements must be proven:

  • Duty of care: the defendant must have owed a legal obligation to the plaintiff to act with reasonable care to avoid causing harm. For instance, drivers have a duty to operate their vehicles safely to avoid accidents. 
  • Breach of duty : the defendant must have failed to fulfill that duty of care. This could involve an act of commission or omission. 
  • Causation : it must be shown that the defendant’s negligent actions directly caused the plaintiffs harm.
  • Damages :the plaintiff must have suffered actual harm, which could be physical injury, property damage or financial loss, as a result of the defendants Negligence. 

Negligence Claims often arise in cases involving personal injury, such as a car accident or slip and fall incidents, property damage, or professional malpractice when someone fails to meet the standards of their profession such as a doctor making a mistake that harms a patient. 

These cases are typically resolved in civil courts where the injured party seeks compensation for their loss. 

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