What is Negligence?
Negligence is an important legal concept in any personal injury case. Negligence is a common law concept that involves a failure to act in a reasonable manner under the circumstance. If this this failure results in an injury a personal injury case arises based upon negligence. To prevail in a negligence action, the plaintiff (the injured party) must prove: (1) there is a duty under the circumstances to act with reasonable care (duty of care); (2) the actions/behavior of the defendant did not meet that standard of care (breach of duty); (3) the damage was caused as a result of the defendant’s breach of duty (causation);and (4) the plaintiff suffered an injury or loss which a reasonable person could have forseen (damages). Brief Description of how the elements of Negligence apply…