The Basics of Negligence

Most personal injury cases involve negligence.

From car accidents to "slip and fall" cases -- the basis for holding a person or company legally responsible for any resulting harm comes from the legal principle of negligence.

Generally speaking, when someone acts in a careless way and causes an injury to another person, under "negligence", the careless person will be legally liable for any resulting harm.

What are the Elements of a Negligence Claim?

In order to establish negligence, the plaintiff (the person injured) must prove the following 4 elements to show that the defendant (the person allegedly at fault) acted negligently:

  • Element #1 - Duty: The defendant owed a legal duty to the plaintiff under the circumstances;

  • Element #2 - Breach of Duty: The defendant breached that legal duty by acting or failing to act in a certain way;

  • Element #3 - Causation: It was the defendant's actions (or inaction) that actually caused the plaintiff's injury; and

  • Element #4 - Damages: The plaintiff was harmed or injured as a result of the defendant's actions.

Reyes & Associates, P.C.
Pasadena Office

3219 E. Foothill Blvd. 
Pasadena, CA 91107
Phone: (213) 383-6244
Fax: (213) 383-6243

Reyes & Associates, P.C.
San Diego Office

1761 Hotel Circle South, Suite #270
San Diego, CA 92108
Phone: (619) 546-8110
Fax: (619) 546. 8107

Important Disclaimer: This website is attorney advertising. The information included on this site is meant for informational purposes only and does not constitute legal advice and does not establish an attorney-client relationship.

Aviso Importante: Este sitio web es la publicidad del abogado. La información incluida en este sitio es para propósitos informativos solamente y no constituye consejo legal y no establece una relación abogado-cliente.