Proving Fault: What are the Four Elements of Negligence?
Many people use the term negligence to refer to simple carelessness. However, in legal terms, negligence is a complex principle that allows injury victims to hold others responsible for the losses they suffered. When a party is negligent, they have the liability to compensate those who suffered harm.
In order to have a successful tort claim based on negligence, an injury victim must prove four elements. The following is a brief overview of the four factors of negligence claims. For information about your specific situation and whether you have a valid case, consult directly with a California personal injury lawyer.
The first requirement for a negligence claim is to prove that the defendant owed a duty of care to the plaintiff in the situation at hand. Many parties owe others duties of care in specific circumstances, such as:
- All motor vehicle drivers owe others a duty to operate their vehicles in a reasonably safe manner
- Stores, businesses, and other property owners owe visitors and customers a duty to maintain the premises in a reasonably safe condition
- Medical professionals owe patients the duty to act with the type of care that another similarly trained medical professional would under the circumstances
- Product manufacturers have the duty to manufacture products that are safe for reasonably foreseeable use and to warn of known or knowable risks of the product
If the defendant owed you a legal duty, you can meet this first requirement.
The next step is to prove that the defendant did not abide by their duty of care. Breaches of duty can include:
- Texting and driving
- Allowing hazardous property conditions
- Failing to test for and diagnose a condition that another doctor would have diagnosed in that situation
- Selling a defectively designed product that had dangerous risks
Often, demonstrating whether the defendant breached the duty of care requires analysis and opinions of someone who is an expert in the industry, such as a medical or manufacturing expert.
Just because someone breached a duty of care does not necessarily mean that they face liability. Instead, the third element of negligence is that the defendant’s breach of duty was the cause of the plaintiff’s injuries. You must prove ‘substantial factor’ causation – which means that if the negligence contributed to the harm (and it does not have to be the only cause of harm), then the negligent person is liable.
In some cases, causation might be relatively straightforward. On the other hand, in situations like multi-vehicle pileups, proving what exactly caused a specific injury can be significantly more complicated.
In order to recover compensation, a plaintiff must prove that they suffered damages as a result of the injuries they suffered. Some accident victims sustain very minor injuries that cost them nothing. Others suffer more serious injuries that require medical care or even catastrophic injuries that alter their entire lives. Common damages claimed in personal injury cases include:
- Medical bills
- Lost income
- Future lost earnings
- Future medical expenses
- Pain and suffering
- Permanent disabilities
- Permanent disfigurement
- Loss of enjoyment of life
If you prove all four elements of negligence, you are entitled to compensation for your damages. If you request a free consultation with a bike accident attorney, you can allow experts to guide you through the process and fight for a fair outcome.