Negligence - Explained
Civil Action for Negligent Conduct
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What is Negligence?
Negligence is unreasonable behavior that causes injury to another person or business.
Next Article: Duty of Care - Negligence Return to: TORT LAW
What are the Elements of Negligence?
Five elements make up a claim for negligence:
- existence of a duty of care owed by the defendant to the plaintiff;
- unreasonable behavior by the defendant that breaches the duty of care;
- causation in fact;
- proximate causation; and
- an actual injury.
What are the core differences between intentional torts to negligence actions? How does the existence of a duty to act reasonably compare to intentional activity with a specific mens rea attributable to the activity?
Luther is driving through a parking lot and listening to music through his headphones. He inadvertently runs into Sandra, who is walking through the parking lot. What type of legal action potentially exists in this scenario?
- Negligence is the failure to take proper care, and, as a result, that failure causes injury or damage to someone else. Four elements are required to establish a prima facie case of negligence;
- Duty. Duty is simply a legal obligation. In order to be used for negligence, the defendant must have owed the plaintiff a duty to care.
- Breach of the duty to care. There must be evidence that the defendant breached the duty to care by either acting contrary to how they were expected to act or an omission in that duty to care.
- Cause. That the defendant caused the breach of care that caused the harm to the plaintiff. There must be a connection between the defendant and the action.
- Harm/damages/injury. That the plaintiff suffered some injury or damages due to the breach of duty by the defendant.
- Tort Law (Intro)
- What are Torts?
- What are the types of torts?
- What are Intentional Torts?
- Unintentional Tort
- Assault and Battery?
- Intentional Infliction of Emotions Distress?
- Invasion of Privacy?
- False Imprisonment?
- Malicious Prosecution?
- Defenses to Defamation?
- Absolute Privilege
- Defamation and 1st Amendment Considerations?
- Intentional Interference with Contractual Relations?
- What is Negligence?
- Negligence A Duty of Care?
- Negligence Breach of Duty of Care?
- What are common defenses to negligence actions?
- What is Strict Liability?
- Strict Liability Causes of Action Examples
- Strict Products Liability
- What defenses exist to strict product liability actions?
- Compensatory damages?
- Punitive damages?
- Treble Damages