Negligence Negligence is a failure to

Negligence

Negligence − is a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e. g. , a duty to help victims of one's previous conduct).

Five elements are required to establish a prima facie case of negligence: § the existence of a legal duty to exercise reasonable care; § a failure to exercise reasonable care; § cause in fact of physical harm by the negligent conduct; § physical harm in the form of actual damages; § and proximate cause, a showing that the harm is within the scope of liability.

• • Common law jurisdictions may differ slightly in the exact classification of the elements of negligence, but the elements that must be established in every negligence case are: duty breach causation damages

Duty refers to one person's obligation to another to act in responsible ways. Where there is a breach of duty, it simply means that the defendant did not act in a responsible way, and the actions do not have to be intentional. It could be an oversight or a mistake. A cause in fact is established when a connection between the defendant's actions and the plaintiff's loss is established. Damages are restitution for the loss suffered by the plaintiff. In some cases, it may be money as compensation for a loss. In other cases, it may include money for pain and suffering, loss of enjoyment of life or even future wages.

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