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.