What Is Negligence and How Do I Prove It?

The first element of negligence is establishing that the defendant owed a legal obligation, known as a duty of care, to protect the plaintiff from unreasonable harm. Duty of care varies depending on the specific circumstances and the relationship between the parties involved.

For example, doctors owe their patients a duty of care, and drivers must obey traffic laws and exercise caution on the road.

Once the duty of care is established, the second element requires proving that the defendant breached their duty. This breach can occur through wrongful action, failure to act, or careless behavior. It’s essential to demonstrate that the defendant didn’t fulfill their duty of care and acted inconsistently with what a reasonable person would’ve done in the same situation.

Causation is the link between the defendant's breach of duty and the plaintiff's injuries. The plaintiff must show that the defendant's actions were the actual cause of their injuries. However, this can be difficult because there may be other factors that contributed to the accident.

Two aspects of causation must be established: “but for” causation and foreseeability. “But for” causation examines whether the injury would have occurred if the defendant hadn’t breached their duty. Foreseeability assesses whether the defendant’s actions could have reasonably predicted the type of injury suffered by the plaintiff.

The final element of negligence requires demonstrating that the plaintiff has suffered actual damages as a result of the defendant's breach of duty. Damages can include economic and non-economic losses, such as medical expenses, lost wages, pain and suffering, emotional distress, and diminished quality of life.

It’s crucial to provide evidence of the losses incurred directly from the injury.