What is Negligence in Law
Negligence is a legal concept where a person fails to exercise reasonable care, resulting in harm to another person, and forms the basis of most personal injury lawsuits.
Negligence is the legal concept that forms the foundation of most personal injury and tort lawsuits. It occurs when a person or entity fails to exercise the level of care that a reasonable person would exercise under similar circumstances, and that failure causes harm to another person. Negligence is not intentional wrongdoing — it is carelessness or a failure to act with appropriate caution.
The Four Elements of Negligence
To win a negligence lawsuit, a plaintiff must prove all four elements by a preponderance of the evidence:
1. Duty of Care
The defendant must have owed the plaintiff a legal duty to act (or not act) in a certain way. Examples:
- Drivers have a duty to obey traffic laws and drive safely
- Doctors have a duty to provide competent medical care to patients
- Property owners have a duty to maintain safe premises for visitors
2. Breach of Duty
The defendant failed to meet their duty of care. This is measured against what a "reasonable person" would have done in the same situation. Examples:
- Running a red light
- Failing to warn of a known hazard
- Prescribing the wrong medication dosage
3. Causation
The breach must have caused the plaintiff's harm. This has two components:
- Actual cause (cause-in-fact) — "But for" the defendant's actions, the harm would not have occurred
- Proximate cause — The harm was a foreseeable consequence of the breach; not too remote or attenuated
4. Damages
The plaintiff must have suffered actual harm — physical injury, financial loss, or other recognizable damage. There is no negligence claim without real damages.
Types of Negligence Claims
- Medical malpractice — Doctor, nurse, or hospital fails to meet the standard of care
- Car accidents — Driver fails to exercise reasonable care
- Slip and fall — Property owner fails to maintain safe premises
- Product liability — Manufacturer fails to make a reasonably safe product
- Professional negligence — Lawyers, accountants, engineers who breach professional duties
Comparative vs. Contributory Negligence
- Contributory negligence (minority of states) — If the plaintiff was even 1% at fault, they cannot recover anything
- Comparative negligence (majority of states) — Damages are reduced in proportion to the plaintiff's own fault (e.g., 30% at fault = 30% reduction in award)
If you believe you have a negligence claim, consulting an attorney is the most important first step. LegalZoom can connect you with a licensed attorney for an initial consultation to review your case and explain your legal options.