If they can establish all 4 of the required elements then they can bring a lawsuit for negligence. There is no negligence from a legal standpoint if any of the elements are missing, and a lawsuit can’t be sustained. Certainly, there are frequently defenses and other technicalities implicated with proving such a case, so it is always best to contact a licensed and qualified attorney in order to help you to answer your questions and to guide you all the way through the process of analyzing your claim or defense to negligence.
Attorneys are notorious for using “legalese,” or terms that have a special meaning in the legal world that might not be straight away understandable. You probably have heard that someone acted negligently, if you have been injured by someone else.
Negligence is the failure to work out that degree of care that, in the conditions, the law requires for the protection of other persons or interests of other persons that may be affected injuriously by the want of such care.
What are the elements of negligence? How do you know if there was negligence in your case?
The elements of negligence are generally:
A duty is a legal responsibility owed by a company or individual requiring that they stick on to a standard of reasonable care while performing any acts that could likely harm others. To give you an example, we usually owe one another a responsibility not to drive our car into the back of another person’s car, so that we do not throw fireworks in the crowds, and not to set fires where they might put a neighbor’s roof in flames. Duties can happen either as a result of written statutes or codes or by common law principles.
It is not enough that one do something which could harm someone else, it has to truly cause harm. The link between the injury and the breach is causation. Let’s give you an example: if someone sets out fireworks in a crowd and no one is injured, there won’t be causation because there is no connection between an injury and the act. However, if the fireworks explode and someone gets burned or suffers hearing loss from being very close to the explosions, then those people can be able to set up the element of causation.
A breach is basically a violation of a duty. It is factually when one doesn’t do what they are supposed to do pursuant to that duty of care. The thing is that when someone, does set off fireworks in a crowd, does run into the back of another car or does catch their neighbor’s house on fire by accident, they are said to have breached their duty of care.
They also have to set up an actual damage resulted from the breach of duty, just as one needs causation. In general, one must have suffered a real injury of some sort. Once more, returning to the fireworks in a crowd, if someone is burned by the fireworks, that person will probably have medical bills and suffering and pain, and these would be different forms of damages.