Negligence - Explained
Civil Action for Negligent Conduct
Written by J. Mance Gordon
Updated at April 20th, 2024
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What is Negligence?
Negligence is unreasonable behavior that causes injury to another person or business.
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.
Related Topics
- 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?
- Trespass?
- Conversion?
- Defamation?
- Defenses to Defamation?
- Absolute Privilege
- Defamation and 1st Amendment Considerations?
- Fraud?
- Intentional Interference with Contractual Relations?
- What is Negligence?
- Negligence A Duty of Care?
- Negligence Breach of Duty of Care?
- Causation?
- Cause-in-Fact
- 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