Proving Negligence/Liability

Most personal injury lawsuits hinge on the legal theory of negligence. Negligence refers to one party’s failure to provide another a reasonable degree of care, leading to an injury. To base your case on negligence, you must show the following five elements existed at the time of your injury:

• Duty: The responsible party had a legal obligation to ensure your safety & prevent harm.
• Breach of Duty: They failed to uphold their obligation.
• Damages: You suffered harm as a result.
• Cause in Fact: Your injury occurred directly because of their actions or failure to act.
• Proximate Cause: Their breach was the direct reason for your injury.