The elements of civil negligence
Negligence is the failure to use reasonable care resulting in physical or economic harm to another. Negligence is commonly measured against what a reasonable person would have done under the same or similar circumstances.
The legal elements of negligence include:
- The defendant owed a duty to the plaintiff
- The defendant breached that duty of care
- The breach was a legal and factual cause of the plaintiff’s damages
The Plaintiff’s Burden of Proof:
The plaintiff must prove their case by a “preponderance of the evidence” or, as some lawyers describe this standard, as factually proving the defendant’s negligence as being more likely than not.
