At its core, negligence involves a failure to act with reasonable care. To establish a legal claim of negligence, a plaintiff must prove four key elements:

1. Duty of Care
   The defendant owed a legal obligation to the plaintiff to act with care. For example, drivers owe a duty to other road users to drive safely.

2. Breach of Duty
   The defendant breached that duty by acting (or failing to act) in a way that a reasonable person would not have under similar circumstances.

3. Causation
   The plaintiff must show that the breach of duty directly caused their injury. This includes:

   • Actual cause ("but for" causation): But for the defendant’s actions, the harm would not have occurred.

   • Proximate cause: The harm was a foreseeable result of the defendant’s actions.

4. Damages
   The plaintiff suffered actual harm or loss as a result of the breach (e.g., physical injury, property damage, financial loss, emotional distress).

Negligence can take different forms depending on the context:

• Ordinary Negligence: General failure to exercise reasonable care (e.g., slipping hazards left unaddressed in a store).

• Gross Negligence: Extreme disregard for the safety or lives of others. More serious than ordinary negligence and may involve punitive damages.

• Comparative Negligence: The plaintiff may share some fault. Damages are reduced based on the plaintiff's percentage of fault.

• Contributory Negligence: In some jurisdictions, if the plaintiff is even slightly at fault, they may be barred from recovering any damages.

• Professional Negligence: Applies to professionals (e.g., doctors, lawyers, accountants) who fail to meet the standards of their profession.

• Personal Injury Law: Accidents such as car crashes, slip-and-falls, and dog bites often involve negligence.

• Medical Malpractice: Healthcare providers can be held liable for harm caused by failing to meet professional medical standards.

• Product Liability: Manufacturers may be found negligent for producing defective or dangerous products.

• Occupiers' Liability: Property owners or occupiers have a duty to keep their premises safe for visitors.

• Professional Liability: Professionals who give poor advice or fail in their duties can be sued for negligence.

Defendants may raise several defenses in a negligence case, including:

• No Duty of Care: Arguing that they did not owe a duty to the plaintiff.

• Assumption of Risk: The plaintiff knowingly accepted the risk involved in the activity.

• Contributory or Comparative Negligence: Asserting that the plaintiff's own negligence played a role in their injury.

• Intervening Cause: An unforeseeable, independent event broke the chain of causation.

Negligence law serves multiple purposes:

• Accountability: It holds individuals and organizations responsible for carelessness that harms others.

• Compensation: Victims can receive financial compensation for their injuries and losses.

• Deterrence: It encourages safer practices by making individuals and businesses more cautious.

• Justice: It provides a legal remedy for harm that may not involve criminal intent but still deserves redress.