What is Negligence

The U.S. legal system generally recognizes a system of proof known as “The Five Elements of Negligence.” In a trial where negligence is a factor, the courtroom is instructed to assess if the following elements have been established before reaching a verdict in an injury case: Duty, Breach of Duty, Cause in Fact, Proximate Cause, and Damages.

This is negligence and should help you determine if a personal injury claim meets the negligence requirement. Here are the five elements of negligence:

  • Duty
  • Breach of Duty
  • Cause in Fact
  • Proximate Cause
  • Damages

The Law of negligence, in general, obliges people to behave safely and reasonably within acceptable standards. Different case types may have different legal negligence requirements, and each state may have different duties imposed upon them according to its own statute. A tort law plaintiff can seek compensation from a defendant after an injury (both non-economic injuries and physical injuries) by proving negligence on the defendant’s part. There is also a legal duty for motorists in car crashes to assist people in need.