Negligence

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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.

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