When Does Negligence Occur?

Simply put, negligence occurs when someone fails to act within certain standards of conduct that protect others from unreasonable risk of harm. This can also occur when someone fails to act in an appropriate way.

How is negligence determined?

When demonstrating that a defendant's behavior was negligent, the plaintiff must show that they owed them a duty of care, they breached that duty, the plaintiff suffered an injury as a result, and the breach caused the harm. ...

What causes negligence?

the existence of a legal duty that the defendant owed to the plaintiff. defendant's breach of that duty. plaintiff's sufferance of an injury. proof that defendant's breach caused the injury (typically defined through proximate cause)