What Are The Elements of Negligence?

When you have been involved in an accident, the elements of negligence play a significant role in the outcome of your personal injury claim. After all, when you pursue a claim against the party who is at fault for your damages, you must prove that they were negligent, and that negligence resulted in the damages and injuries that you suffered.

The elements of negligence impact the outcome of your claim and determine if you receive compensation for your damages. The elements of negligence are simple, but sometimes proving them can be challenging depending on the nature of your accident and the results of that accident.

Examples of the First Two Elements of Negligence in Accidents

There are many examples of how the elements of negligence are obvious in an accident. As an example, business owners have the responsibility to make sure their premises are safe for their customers. This means they need to make sure property is regularly checked for unsafe conditions. Any unsafe conditions must be fixed, or customers must be warned of them. As an example, if something was spilled on the floor, it must be mopped up. Then, a wet floor sign must be used to warn customers of the risk of a slip and fall. That is the duty of care that must be exhibited.

The second element would involve breaching that duty of care. If the business fails to follow through with their responsibilities, they have acted negligently. As an example, if smashed fruit is on the floor in the store’s produce department for an hour or so, then the store operators have had sufficient time to clean up the mess. If the mess has not been cleaned or there is not a wet floor sign put up, then a customer falls, the accident resulted from the store’s negligence and failure to follow through with its responsibilities or obligations.

What Are The Elements of Negligence?

How the Other Elements of Negligence Impact Your Claim

Causation comes hand in hand with the breaching duty of care. This means that the injuries or damages resulted because the responsible party failed to maintain their duty of care. As an example, in the scenario previously mentioned, when the customer slipped and fell, he broke his arm. Had he not fallen because of the wet floor, his arm would not have been broken. This is the third element of negligence, which is causation.

The fourth element, which is damages, comes into play at this point. When the customer slipped and fell, he suffered damages that could be remedied by monetary compensation. This includes his medical bills, lost wages, and pain and suffering.

Consult With A Personal Injury Attorney

If you have suffered injuries in an accident, you should consult with a personal injury attorney. Your lawyer will investigate your accident and carefully go over all the details, determining if the elements of negligence have been met and you have a feasible personal injury claim. Because of the complexity of such claims, an accident injury attorney can significantly improve your odds of a successful claim and help you get your claim on track.

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