negligence

Negligence is a tort that arises from the failure to exercise the care that a reasonably prudent person would in similar circumstances, resulting in harm to another. To establish negligence, a plaintiff must show four elements: a duty of care, a breach of that duty, causation linking the breach to the injury, and actual damages.

Duty of care is the legal obligation to avoid unreasonable risk of harm to others. The scope and scope of the duty depend on factors such as relationships, activities, and statutory rules. The standard of care is generally that of a reasonably prudent person, but professional settings use the standard of a reasonably competent practitioner in the relevant field.

A breach occurs when the defendant fails to meet the applicable standard of care. In professional negligence, the standard is higher and often requires expert testimony to determine whether the professional acted in accordance with accepted practice. Techniques such as res ipsa loquitur or negligence per se may be invoked in appropriate circumstances to prove breach.

Causation requires showing that the breach actually caused the damages (but-for causation) and that the harm was a foreseeable consequence (proximate cause). Some jurisdictions also consider intervening events and the extent to which foreseeability governs liability.

Damages refer to the harm suffered, including medical costs, lost wages, and pain and suffering. In many jurisdictions, negligence warrants compensatory damages; punitive damages may be awarded in cases of gross negligence or intentional disregard for safety.

Defenses include contributory or comparative negligence, which can reduce or bar recovery based on the plaintiff’s own fault, as well as assumption of risk and certain statutory defenses. Notable doctrines include res ipsa loquitur, which allows an inference of negligence, and the eggshell skull rule, which requires taking the plaintiff as harmed, even if vulnerable.