ABA Family Legal Guide

Personal Injury

Negligence

How would a legal case determine negligence?

There are generally four basic elements of a negligence action:

1. Duty

2. Breach of duty

3. Causation

4. Damages

In the above example, Jill had a duty to drive her car safely. When she swerved into the other lane, she breached that duty. Her actions in not paying attention to the road caused the harm. She caused damages to be suffered by the other driver. If a legal case filed by the other driver found these four elements, Jill's negligence would be established and she would be liable (legally responsible) and probably would be required to pay money to the other driver.