What is Negligence

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Negligence is a wrongful act (referred to as a “tort”) arising from carelessness or the failure to act with reasonable care when such conduct causes damage to the person or property of another. To prove negligence in a personal injury claim, a plaintiff has to prove the following four (4) things:

  1. The defendant/tortfeasor (the individual that committed the wrongful act) had a duty/obligation to the plaintiff.
  2.  That the defendant/tortfeasor violated or breached that duty.
  3. The breach of duty caused damage/injury to the plaintiff; and
  4. The plaintiff suffered damages.