In its simplest terms, negligence is the failure to act in a reasonable manner for a specific situation which results in harm to another. In other words, negligence exists when a person or business acts in an unreasonable way and that action harms someone else.
The Negligence Cause of Action
Negligence forms the basis of liability in the majority of personal injury lawsuits. While the precise legal definition may vary based on context, there are four primary components of a negligence-based theory of liability:
- Duty: The defendant had a duty to act in a particular way. For example, drivers have a duty to drive in a safe manner and obey all traffic laws.
- Breach of duty: The defendant failed to comply with their required duty of care. For instance, someone who has a blood alcohol level above the legal limit and drives a vehicle on a public road has breached their duty to drive in a safe manner and obey traffic laws.
- Causation: The breach of duty must be the legal cause of the plaintiff’s injuries or damages.
- Damages: The plaintiff must suffer recoverable damages due to the defendant’s breach of duty.
Defining the “Duty of Care”
Depending on the context, it can be easy to show what the required duty of care is by referring to a statute. A good example is running a red light, which is against the law. Therefore, if someone violates this law, they breached their duty of care as established by the red light statute.
But what if there’s no statute or explicit rule to establish what a specific duty of care should be in a particular situation? Courts will often try to imagine what a “reasonably careful person” would or wouldn’t do in a similar situation as the defendant. In plain English, this means the court will try to apply common sense to the defendant’s conduct.
This is an imperfect system, as what constitutes common sense to one person might be absurd to another. Therefore, deciding an appropriate duty of care will sometimes be examined on a case-by-case basis. Because of this lack of clarity, having the right lawyer to handle your lawsuit can make all the difference between winning and losing a negligence civil suit.
Get Help With Your California Negligence Lawsuit
If you’re thinking about filing a lawsuit for damages while relying on a negligence-based legal theory, your best chances of success rely on having the right lawyer on your side. The attorneys at Maison Law know the ins and outs of negligence law in California and are ready to examine your case and help you formulate the best approach for obtaining recovery for the harm you suffered. Contact us today to schedule a no-cost, no-obligation consultation and case evaluation.
The sooner you contact Maison Law, the better your chances of getting legal relief. Memories fade, recordings get deleted, and documents get lost. With no upfront costs to you, there’s no reason to wait to take action.
