13. What is “negligence”?
Negligence is unreasonable behavior that causes injury to another person or business.
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.
• Discussion: 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?
• Practice Question: 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?