A tort based on the defendant's failure to exercise reasonable care, resulting in harm to the plaintiff. Negligence requires proof of four elements: (1) duty of care owed to the plaintiff, (2) breach of that duty, (3) causation (both actual and proximate), and (4) damages. It is the most common basis for civil liability.
Related terms
Duty of Care — A legal obligation to exercise reasonable care to avoid causing harm to others. The duty of care is…
Breach — The second element of negligence, established when the defendant's conduct falls below the standard of care required by…
Causation — The third element of negligence, requiring proof that the defendant's breach was both the actual cause (cause-in-fact) and…
Proximate Cause — A limitation on liability requiring that the harm suffered must be within the scope of risk created by…
Actual Cause — The 'but for' causation requirement in negligence. Plaintiff must prove that but for the defendant's breach of duty,…
Damages — The fourth and final element of negligence, requiring proof that the plaintiff suffered actual harm or loss. Damages…
Reasonable Person Standard — An objective standard used to determine whether a defendant's conduct breached the duty of care. It asks what…
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