California Law defines negligence as the failure to exercise reasonable care to prevent harm to oneself or others. Negligence is formally spelled out under California’s Civil Code 1714(a), which states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
Negligence as a Violation of Basic Standard of Care
California Civil Jury Instructions (CACI) is referred to as the official instructions used in California courts to provide commonly applied definitions and elements. Basic Standard of Care falls under CACI No. 401 and states that a person is negligent if they:
- Do something that a reasonably careful person would not do in the same situation, or
- Fail to do something that a reasonably careful person would do in the same situation.
The standard is what a “reasonably careful person” would do under similar circumstances. However, a “reasonably careful person” must be considered on a case-by-case basis.
Proving Negligence in a Personal Injury Case
If you can prove that someone else’s negligence caused your injuries, you will most likely have a strong case. The following are four elements of evidence necessary to prove fault in a wrongful death case:
- Had an obligation to act with reasonable care: For example, if a person is driving a car or a truck, they are expected to follow traffic laws, as well as be aware of other drivers on the road.
- Breached their “duty of care:” The injured party (plaintiff) must demonstrate they were owed a duty of care by the person at fault (defendant). For example, in a car accident, the duty of care would have been ignored if the driver broke a traffic law and was driving dangerously before the collision.
- Acted careless or reckless: If the driver failed to follow the law or safety protocols and caused another person’s injuries, the plaintiff must prove the other’s careless or reckless actions resulted in their injuries.
- Damages: The plaintiff must be able to prove they suffered damages (medical bills, missed time at work, loss of enjoyment of life).
Contact Maison Law | California Personal Injury Lawyers
If you or a loved one has been injured due to a careless act or hazardous condition, the attorneys at Maison Law can help. Careless acts can be difficult to prove in some cases, but our law firm will take the time to build a strong case on your behalf to ensure you are fully compensated.
We offer all victims and their family members a free, no-risk consultation, so contact Maison Law today to get the legal help you need. No upfront money is required, and we only get paid if we win your case.
