Negligence is a legal term that covers the area of law concerning holding others accountable for their reckless or dangerous actions. It covers conduct that is liable because it fails to meet the legal standard a reasonable person must take to guard against any foreseeable harm that can result from their actions. Negligence is a type of tort and typically results in civil actions. For those who have been harmed by the negligent behavior of another, there exist remedies at law that entitle them to equitable compensation for any harm caused to their person or property. This can include bodily injury, mental injury, property damage and other personal financial detriment. Negligence covers acts or omissions which are unintentional in nature, covering the types of dangerous actions that the negligent should have known might result in harm to another.
ELEMENTS OF NEGLIGENCE
- DUTY OF DEFENDANT
- BREACH OF DUTY BY DEFENDANT
- PROXIMATE CAUSE
The defendant must have had an existing duty of care to the claimant and breached this duty. If the breach of their duty of care is the proximate cause of the danger caused and this results in actual damages, the defendant will be liable for the damages caused by their negligence.
DO YOU NEED HELP WITH A POTENTIAL NEGLIGENCE CLAIM?
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