What is “negligence?”
Negligence is the failure of an individual to act in a way that a reasonable person would in a similar situation. In any negligence case, the victim must prove the following four elements:
- Duty. That the at-fault person had a legal obligation to act in a certain manner;
- Breach. That the at-fault person failed to act in accordance with his/her legal duty;
- Causation. There are two levels of causation that must be proven. First, is the “but for” test. You need to show that “but for” the at-fault party’s actions, you would not have been injured. Second, is the “foreseeability” test. You need to show that the at-fault party should have foreseen that his/her actions would result in your injury; and
- Damages. That you were injured by the at-fault person’s breach of duty.