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Negligence Lawsuit Elements: Duty, Breach, Causation, and Injury

A negligence lawsuit requires proof of four elements: duty, breach, causation, and injury. Cornell Law School's Legal Information Institute defines negligence as failure to use ordinary prudent care in the same situation negligence definition. Each element must be proved, and a missing element can defeat the claim. That rule applies to car crashes, unsafe products, and other group injury claims.

Table of Contents

What duty requires

Duty means a legal obligation to act with care toward the plaintiff. Cornell Law School's Legal Information Institute explains an omission is negligent only when the person had a duty to act, such as from conduct duty to act. Drivers, property owners, and makers of products often owe this obligation.

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A driver must watch the road and obey signals. A store must address known hazards for visitors. Without a legal duty, carelessness alone does not create a negligence claim.

How breach is judged

Breach means conduct that lacks reasonable care. Cornell Law School's Legal Information Institute describes the test as weighing foreseeable likelihood and severity of harm against the burden of precautions.

Jurors ask what a reasonably careful person would have done. They compare that standard to what the defendant actually did.

  • inspection and maintenance records showing notice of a hazard
  • prior complaints, incident reports, or ignored warnings
  • failure to take basic safety steps a careful actor would take

How causation connects breach to harm

Causation connects the breach to the harm. Cornell Law School's Legal Information Institute describes proximate cause as an actual cause legally sufficient for liability, often tested by foreseeability or substantial-factor analysis proximate cause. Remote or trivial causes do not qualify.

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A driver who runs a red light and hits a pedestrian foreseeably causes injury. A distant, minor condition that merely relates to the crash usually does not. Group cases must still tie each product or exposure to each injury.

What injury and damages cover

Injury means real harm, not a close call. FindLaw explains plaintiffs must show real damages such as medical costs, lost income, or vehicle damage linked to the breach.

Cornell Law School's Legal Information Institute divides damages into compensatory awards to make the injured party whole and punitive awards to punish the wrongdoer. Keep emergency records, pay stubs, repair bills, and photos that link each loss to the incident.

How your own fault affects recovery

Fault on both sides does not always end a case. Comparative negligence reduces recovery by the plaintiff's share of fault.

Cornell Law School's Legal Information Institute notes pure states allow recovery even at 99% fault, while modified states bar recovery above 50% or 51% comparative negligence rules. Insurers often argue the injured person shares blame. Save photos, medical records, pay stubs, and repair bills that tie each loss to the incident.


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