Negligence

The legal obligation to take reasonable measures to prevent harm to others. It's a key element in a negligence claim.

• Duty of Care

• Causation

• Proximate Cause

• Gross Negligence

1. The person or entity who commits the negligent act, leading to harm or injury to the plaintiff.

• Gross Negligence

• Standard of Care

• Breach of Duty

• Tortfeasor

The failure to exercise the level of care that a reasonable person would have exercised in similar circumstances, resulting in harm or injury to another person.

• Breach of Duty

• Negligence

• Standard of Care

• But For Causation

Occurs when a person or entity fails to meet their duty of care by acting in a manner that is careless, reckless, or below the standard of care expected.

• Standard of Care

• Breach of Duty

• Proximate Cause

• Comparative Negligence

The level of care and caution that a reasonable person or professional in a similar situation would exercise to prevent harm.

• Duty of Care

• Proximate Cause

• Standard of Care

• Res Ipsa Loquitur

The link between the defendant's breach of duty and the plaintiff's injury. It involves both "but for" causation and proximate causation.

• Causation

• Proximate Cause

• But For Causation

• Contributory Negligence

Determining if the defendant's negligence was a direct and foreseeable cause of the plaintiff's injury. It limits liability to consequences that were reasonably foreseeable.

• Standard of Care

• Causation

• Statute of Limitations

• Proximate Cause

1. It means that, but for the defendant's negligence, the injury would not have occurred. In other words, the injury would not have happened "but for" the defendant's actions.

• Proximate Cause

• Causation

• But For Causation

• Contributory Negligence

1. A defense where the plaintiff's own negligence contributed to their injury, potentially reducing or barring their recovery.

• Contributory Negligence

• Professional Negligence

• Gross Negligence

• Duty to Rescue

1. Negligence by professionals, such as doctors, lawyers, or accountants, in the course of their professional duties.

• Causation

• Good Samaritan Laws

• Gross Negligence

• Professional Negligence (Malpractice)