What Does “Negligence” Actually Mean in the Legal Sense?
In the legal world, terminology can get confusing fast. The terms we use colloquially have specific, carefully defined meanings, and can’t be used flippantly—especially in high-profile cases like personal injury cases or infringement of copyright law.
If you’re ever in a position to defend yourself or bring charges against someone, you can always talk to a lawyer about the case, as they’ll be able to explain complex legal concepts in plain terms you can understand. However, before you talk to a lawyer, it’s a good idea to brush up on the legal concepts you wish to discuss.
One of the most common, yet most understood concepts in the legal world is “negligence.” Intuitively, you know what negligence is, but what does it actually mean in the legal sense, and how can you prove that it occurred?
The Basics of Negligence
Negligence takes place when a person fails to act reasonably, legally, or ethically in a given situation. In some cases, it refers to a specific action that violates legal or ethical norms. In others, it refers to the absence of a specific action. It’s commonly applied in tort law, used as an illustration of carelessness that led to someone’s personal injury or property damages. Negligence is treated differently in varying areas of the world, but in the United States, a person may be held liable for any damages or injuries that were caused as a result of their negligence. These include personal injuries, death, economic losses, destruction of property, and even psychiatric illness.
The Four Elements of Negligence
Because negligence has such a broad definition, it can be difficult to prove. In United States courts, the burden is to prove four discrete elements of negligence, each of which builds off the others:
- Duty of care. Duty of care is a responsibility for a person to do something (or not do something). For example, a doctor has a duty of care to recommend the best possible treatments for a patient’s symptoms; they’re required by law and by their profession to provide the best possible standards of care.
- Breach of duty. Then, you’ll have to prove that this duty was breached in some way. Let’s take our doctor example from above; if they fail to notice something obvious, or if they prescribe a drug that produces a bad reaction, they can be said to breach their duty to provide the best-quality medical care. In some cases, the breach can be accidental or a lack of action; for example, a shopkeeper can breach their duty by failing to mitigate ice on their sidewalk.
- Damages. After that, you’ll need to demonstrate that the breach caused significant damages. For example, you slipped and fell, but did you sustain physical injuries or walk away unscathed?
- Causation. Then, there’s the chain of causation; you have to demonstrate that the damages sustained were a direct result of the defendant’s negligence, and not from a combination of factors or outside sources.
How to Prove Negligence
If you’re going to prove negligence, you’ll need evidence and arguments that cover the four elements of negligence in the preceding section. These are common types of evidence to help your case:
- Established laws. In many cases, there are established laws that protect the plaintiff or require the defendant to act in a specific way. For example, drivers are required to obey all traffic laws, like stopping at red lights and yielding at “Yield” signs.
- Former cases. Established prior cases may also establish a precedent that certain people are, more or less, required to act in certain ways. These past cases are often used to close the gaps in ambiguous laws.
- Photo and video evidence. When it comes to proving damages (and in some cases, the chain of events that led to them), photo and video evidence are hard to dispute.
- Eyewitness testimony. Psychological sciences cast doubt on the reliability of eyewitness testimony, but witnesses can still be valuable in proving the sequence of events that led to your damages.
- Professional opinions. You may also be able to leverage professional opinions to prove your case. For example, other doctors may indicate that your primary care physician was unreasonable in their recommendation for a specific treatment.
Starting With a Conversation
Negligence and tort law can be complicated, so if you’ve been the victim of a personal injury and you aren’t sure what to do next, your next step should be talking to a lawyer. A lawyer will be able to help you more fully understand your situation, and will be able to provide you with advice on what to do next. Most lawyers offer free initial consultations, so you have nothing to lose by speaking with one.
*****
From time to time, GraniteGrok accepts content from third parties (posts, or additional links after initial publication) from which we may or may not receive compensation.
