Negligence is a legal theory in tort law that is used to hold individuals or entities responsible for the harm caused to others as a result of their failure to exercise reasonable care. To establish a claim of negligence, the plaintiff must prove the following four elements:
Duty: The defendant owed a legal duty of care to the plaintiff;
Breach: The defendant breached that duty by failing to exercise reasonable care;
Causation: The defendant’s breach of duty was the actual and proximate cause of the plaintiff’s injuries or damages; and
Damages: The plaintiff suffered actual damages as a result of the defendant’s breach of duty.
For example, a driver owes a duty of care to other drivers on the road to operate their vehicle in a safe and reasonable manner. If the driver breaches this duty by texting while driving and causes an accident that injures another driver, the injured driver may have a claim for negligence against the texting driver. However, if the injured driver was also texting at the time of the accident, their damages may be reduced or eliminated due to their own comparative negligence.