Negligence
Negligence can be a tricky area of law to define. It describes a situation when someone accidently does something wrong, which causes someone else to get hurt. A person can be held liable for any damages they cause through their careless (or "negligent") behavior. It can be as simple as forgetting to lock your front gate and letting your dog run free and attack someone. Or, it could be causing be a much more complicated series of events to unfold. Click on the links below for introductory and in-depth information on negligence in a personal injury case, including summaries of state laws on negligence.
- Negligence Overview
A brief overview of the legal theory of negligence. Learn about how negligence is defined in the Restatement (Second) of Torts, the standard of care required of different individuals, and much more.
- Elements of a Negligence Case
Learn what takes to bring a successful action for negligence. This section contains explanations of all of the essential elements of a negligence case, including duty, breach, cause in fact, proximate cause, and damages.
- Standard of Care and the Reasonable Person
In most situations, a defendant is required to exercise the same level of care as a reasonable person would in similar circumstances. Learn about how the “reasonable person” standard of care is defined and applied.
- Proving Fault: What is Negligence?
In a negligence claim, the plaintiff must show that the defendant was at fault for his or her injury. This section includes a guide to the elements of fault as well as illustrative examples of each element.
- Defenses to a Negligence Claim
Defendants in personal injury suits often try to disapprove an element of the plaintiff’s negligence case. In addition to disproving an element, there are a number of other defenses to negligence, including comparative fault and assumption of risk.
- Contributory and Comparative Negligence
Sometimes the defendant isn’t the only one to blame for a personal injury. Under contributory and comparative negligence approaches, the injured party’s fault is weighed against that of the defendant.
- Contributory and Comparative Negligence
- Defenses to Negligence Claims
- Elements of a Negligence Case
- Negligence Liability: Who is Responsible?
- Negligence: Background
- Proof in a Negligence Case
- Proving Fault: What is Negligence?
- Res Ipsa Loquitur
- Specific Legal Duties
- Standards of Care and the "Reasonable Person"