Glossary
Negligence
A type of tort based on careless conduct: failing to act with the level of care that a reasonably prudent person would have used. The most common basis for personal injury lawsuits.
To win a negligence case, the plaintiff typically has to prove four things: (1) the defendant owed a duty of care, (2) the defendant breached that duty, (3) the breach caused the plaintiff's injury, and (4) the plaintiff suffered actual damages.
Each element has its own complexity. Was there really a duty? What's the standard of care? Was the breach the actual and proximate cause of the harm? Each can become the focus of an entire trial.
Most states recognize comparative negligence: if the plaintiff was partly at fault, their recovery is reduced (or in some states, eliminated) accordingly.