Negligence refers to failure to behave with the level of care that someone of ordinary prudence would have exercised under like circumstances. Usually, the behavior consists of actions but can also include omissions where there is some duty to act. In other words, accidents that are considered to be the ‘fault of another’ may also be negligent.
Elements of a Negligence Case
1. Duty – There was a legal duty to exercise reasonable care;
2. Breach – The violation of legal duty to act or failing to act in a specific manner;
3. Causation – Negligent action must have caused the injury;
4. Damages – Harm or injury as the result of the action or inaction.
The plaintiff must prove each element to win his case.
If you or a loved one has been the victim of an action or accident of another that you believe is negligent, please call 800-883-2299, or fill out the inquiry form located at the bottom of this page so you can learn your legal rights and if you have cause to file a claim.