The 4 elements of negligence are the four primary factors that must be proven to win a negligence lawsuit. They are duty of care, breach of duty, causation, and damages. To prove negligence, the plaintiff must have suffered a harm as a direct result of the defendant’s negligence. The causation element can be broken down into two parts, the proximate cause and the actual cause.
The first element of negligence is a duty of care. A duty of care is a legal obligation to act in a certain way. For instance, a driver must obey traffic laws and avoid putting himself or another person in danger. The failure to meet this duty of care is the breach of duty.
Whether someone was negligent is important because it could determine the outcome of your personal injury claim. In Florida, the rule is that your compensation for a personal injury claim will be diminished by the percentage of fault you are found to be at fault. A personal injury attorney can help you establish negligence and help you get the maximum compensation.
A breach of duty of care can arise when a medical practitioner fails to meet a standard of care required for the patient’s care. For example, a driver who does not slow down at a red light owes the driver a duty of care to slow down. The same principle applies to surgeons who fail to properly perform their job.