Elements of Negligence
Personal injury claims are often based on claims of negligence. The injured party must be able to show that the other person behaved in a negligent manner in order to recover damages for injury-related costs.
There are four basic points that must be proven in any personal injury case to successfully show that the other person behaved in a negligent manner. The four points are as follows:
- Duty of care: The other party owed some level of care to you. The level of care will depend on the other party’s relationship to you.
- Breach of duty: The other party breached his duty of care.
- Causation: The injury was a natural and forseeable consequence of the other party’s breach of duty.
- Damages: You have suffered injuries or other losses.
For example, a person driving a car has a duty to conduct the car in a responsible and safe manner. If a driver runs through a stop sign, the driver violates that duty. If the driver ran a stop sign and crashed into another vehicle causing an injury to another driver or passenger, the driver may be liable for these injuries.
If this same person was employed as a pizza delivery person and ran a stop sign causing an injury to another driver or passenger on route to deliver a pizza to a customer, Respondeat Superior may apply.