In any type of personal injury claim, car crash claims, medical malpractice claims, etc, the crucial factor is whether or not negligence caused the plaintiff’s injuries. Negligence is a legal principle that has been around for well over 100 years.
What are the key elements of negligence?
The duty of care
It must first be established that the defendant owed the plaintiff a duty of care. In many cases, this can be relatively straightforward. For example, all road users owe each other a duty of care. Or, all doctors owe their patients a duty of care.
Nonetheless, establishing whether or not a duty of care existed can sometimes be tricky. For example, does a property owner owe a duty of care to intruders?
A breach of duty of care
Once it has been established that a duty of care existed, the next aspect to explore is whether or not that duty was breached. A driver may breach the duty of care they owe others by driving at excessive speeds. A doctor may breach their duty of care by coming into work while drunk.
The breach must cause the injury
The third element of negligence is causation. The breach of duty of care must have directly caused the injuries to the plaintiff. A speeding driver would be liable if they ran into the back of another road user. However, if the speeding driver overtook without a collision, and the other driver then crashed a few minutes later because they were angry, the chain of causation has been broken.
The plaintiff must have suffered damages
Finally, the plaintiff must suffer some form of harm that is measurable. This could be broken bones that require medical treatment, or psychological trauma that can be quantified by a psychiatrist. Damages may also include having to take time off of work and requiring long-term rehabilitative therapy.
If you have been injured by someone else, seeking legal guidance can help you uncover whether or not negligence was at play.
