Negligence is the most important factor in all personal injury cases. It occurs when someone fails to use reasonable care, and their actions or inaction causes harm to another person. Unreasonable actions can lead to many types of accidents, including car crashes and slip-and-fall injuries.
To bring a successful claim, the injured person must prove that negligence was involved. This involves establishing the following elements.
Duty and breach of duty
The first step is to show that the other party owed a legal duty of care. This means they were expected to act in a reasonably safe and cautious way. Drivers, for example, are expected to follow the rules of the road. Store owners must take steps to keep their property safe for customers.
A breach happens when this duty is not met. Dangerous driving or failing to clean up a spill could both be examples of breaching the duty of care.
Connecting the breach to the injury
Simply showing a mistake isn’t enough. There must be a direct link between the careless act and the injury. This is called causation. If someone is hurt after tripping over a hazard that should have been removed, this establishes causation.
Proof of real harm
Finally, there must be actual harm. This might include physical injury, emotional suffering or financial losses. Without real damage, a personal injury case cannot move forward.
Negligence is what creates legal responsibility in personal injury claims. When proven, the injured party may be entitled to recover damages such as medical expenses, lost income and damages for pain and suffering. Seek legal guidance to learn more about negligence and your rights under the law.