To prove negligence, it’s necessary to prove four individual elements. A legal argument must address the existence of a duty, a breach of that duty, a causational link between the breach and injury, and damages. If you’re successful in proving that a defendant was negligent in their actions, you’ll likely be eligible for compensation for any expenses related to that negligent action.
But how exactly are these elements considered? And how can you make sure you demonstrate them?
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What Is Negligence?
In a legal context, negligence is acting or failing to act in a way that violates reasonable care and leads to some type of harm, such as a personal injury. Negligence is at the center of many types of cases, including personal injury cases, medical malpractice cases, and wrongful death cases. Before you can be entitled to compensation, you need to be able to show negligence on the part of the defendant.
Because negligence is such a big, fuzzy, ambiguous topic, the law has boiled it down to four individual elements. If you can prove each element individually, you can prove negligence overall.
The Elements of Negligence
The four elements of negligence are:
- A duty. First, you must show that the defendant owed a duty to you. In other words, you must prove that they had some kind of responsibility to act or not act in a given situation.
- A breach of that duty. Second, you must show that the defendant violated that duty in some significant way. For example, they could have deviated from guidelines or failed to intervene when it was their responsibility to do so.
- Causation. Third, you must show causation, demonstrating that the breach of this duty was causally linked to whatever harm eventually occurred. Breaching a duty isn’t compensable by itself.
- Harm/damages. Fourth, you must show harm or damages that resulted because of this action or lack of action.
Proving a Duty
How do you prove that the defendant had a duty to act or not act?
- Laws, regulations, and guidelines. The most straightforward way is to show that there were laws, regulations, or guidelines in place dictating how people are responsible for acting in a given circumstance. However, this argument isn’t always available.
- Professional standards. You can also cite professional standards and expectations. For example, real estate agents and lawyers typically have a fiduciary responsibility to their clients, and medical doctors have an obligation to do no harm.
- Societal norms and expectations. Beyond that, we can rely on societal norms and expectations. For example, we expect business owners to keep their businesses in reasonably safe condition for the general public.
Proving a Breach of Duty
Once the duty has been established, it’s somewhat easier to prove a breach of that duty. Many forms of evidence can enter this equation, including surveillance footage, eyewitness testimony, and physical evidence. For example, surveillance footage could show that a reckless driver was speeding immediately before the accident.
Proving Causation
It’s also imperative to show proximate causation. In other words, we must demonstrate that the breach of duty in question was the primary or a primary cause of the accident that followed. To demonstrate this, we must consider things like:
- The chain of events. With evidence, we should be able to map out a sequence of events. For example, we can show that a car, because of its excessive speed, was unable to brake in time to prevent hitting another vehicle.
- Other potential causes and influences. We also need to consider other potential causes and influences. Just because one event is causally linked to an accident doesn’t mean there aren’t other causes to consider.
- Expert testimony. Experts in specific fields, including medicine, forensics, and psychology, can all give testimony in support of various interpretations of events. They may suggest that the breach of duty was or was not the proximate cause of the accident.
Proving Damages
Finally, it’s your responsibility to prove damages. There are many types of damages that are compensable in negligence cases, including medical bills, subjective pain and suffering, lost wages, and more. Receipts and proof of expenses related to your injuries are arguably the most reliable form of evidence, but courts will also consider subjective testimony and many other forms of evidence.
Negligence is a complicated concept to understand, especially if you don’t have much familiarity with the American legal system. But with the help of a good lawyer, you can better understand the individual elements of negligence and collect the evidence necessary to prove them if you’ve been the victim of someone else’s wrongdoing.
If you’re successful in proving negligence, you’ll be eligible to receive compensation for almost any type of damage you sustained as a result of the negligent action or inaction.