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Plain-English Legal Guide

The Basic Elements of Negligence

Negligence is the legal idea behind many injury claims. In simple terms, it means someone failed to use reasonable care and another person was harmed as a result.

Negligence is the legal idea behind many injury claims. In simple terms, it means someone failed to use reasonable care and another person was harmed as a result.

The four basic elements

A person bringing a negligence claim generally must prove four things: the other person owed a duty of reasonable care; that duty was breached; the breach caused the injury; and the injury produced actual damages.

A simple example

A driver owes others a duty to follow traffic laws and pay attention. If the driver runs a red light and causes a crash, that may be a breach. The injured person must still connect the crash to the injuries and losses being claimed.

This article provides general information, not legal advice. Laws and deadlines vary by jurisdiction and facts.

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